Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA AD/R22/55 - Helipod III Spray System STC 7/21E/9 - Removal from Service
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. Regulation 39.001A of CASR 1998, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.
The Civil Aviation Authority of New Zealand (CAA) issued AD DCA/R22/50 in 2018, affecting Helipod III spray systems approved by New Zealand CAA Supplemental Type Certificate (STC) 7/21E/9 for fitment to Robinson Helicopter Company R22 series helicopters. The AD requires the removal from service of the spray systems. The New Zealand CAA are the approving Authority for this STC. As there is a possibility that helicopters fitted with the affected spray systems are registered in Australia, CASA has issued AD/R22/55 to mandate equivalent requirements to those that appear in New Zealand CAA AD DCA/R22/50, but AD/R22/55 does not incorporate by reference New Zealand CAA AD DCA/R22/50.
Documents Incorporated by Reference
New Zealand CAA STC 7/21E/9, as referenced in CASA AD/R22/55, is available from the CASA AD Cell via an email to airworthiness.directives@casa.gov.au.
Consultation
As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The AD has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
The instrument commences on 28 November 2018.
[Instrument number AD/R22/55]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA AD/R22/55 - Helipod III Spray System STC 7/21E/9 - Removal from Service
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument is an airworthiness directive (AD). AD/R22/55 has been issued to mandate the requirements that also appear in New Zealand CAA AD DCA/R22/50, applicable to Helipod III spray systems for Robinson Helicopter Company R22 series helicopters in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority