AD/Robin/21 Amdt 3 - Stabilator Spar and Attachment Brackets

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00782 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/ROBIN/21 Amdt 3 — Stabilator Spar and Attachment Brackets

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), 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. Therefore, this AD is a legislative instrument.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

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.

 

On 11 December 2008, CASA issued AD/ROBIN/21Amdt 2 to correct an unsafe situation on Avions Pierre Robin and Alpha Aviation R2000 aircraft. As a result of a request from industry, CASA has reviewed this AD and decided to issue AD/ROBIN/21 Amdt 3 to amend the requirements for inspection of certain R2000 models. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This AD is being made at the request of industry, in particular an operator of the Alpha Aviation R2000 aircraft. As the amendments made by this AD are of a minor or machinery nature and do not substantially alter existing arrangements apart from alleviating the inspection requirements for some R2000 model aircraft, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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.

 

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 AD commences on 8 June 2015.

 

 

[Instrument number AD/ROBIN/21 Amdt 3]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

AD/ROBIN/21 Amdt 3 – Stabilator Spar and Attachment Brackets

 

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

CASA issued AD/ROBIN/21Amdt 2 in December 2008 to correct an unsafe situation on Avions Pierre Robin and Alpha Aviation R2000 aircraft. As a result of a request from industry, CASA has reviewed this AD and decided to issue AD/ROBIN/21 Amdt 3 to amend the requirements for inspection of certain R2000 models. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to further alleviate the inspection requirements for some R2000 model aircraft.

 

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, with the Civil Aviation Act 1988 providing the overarching legal framework. This Act allows the Governor-General to make regulations in the interest of safety, and specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) as necessary. AD/ROBIN/21 Amdt 3 is one such amendment, responding to industry requests to alleviate inspection requirements for certain R2000 model aircraft, addressing a previously identified unsafe situation and ensuring the continuing airworthiness of these aircraft types. The policy objective of this AD is to enhance safety by modifying inspection protocols, reflecting CASA's commitment to maintaining stringent safety standards in civil aviation. The AD was issued by CASA under delegation powers, effective from 8 June 2015, and was deemed not to require further consultation or a Regulation Impact Statement due to the minor nature of the amendments.

Scope and Application

The AD/ROBIN/21 Amdt 3 issued under the Civil Aviation Safety Regulations 1998 applies specifically to certain models of the Avions Pierre Robin and Alpha Aviation R2000 aircraft within Australia. This legislative instrument is a regulatory amendment made by the Civil Aviation Safety Authority (CASA) in response to industry requests, aiming to alleviate the inspection requirements for specific R2000 models. It repeals and replaces the previous AD/ROBIN/21 Amdt 2, ensuring that the regulations are up-to-date and aligned with the needs of the industry. The AD is a legislative instrument as defined under the Civil Aviation Act 1988, and its commencement is effective from 8 June 2015. The AD does not extend to other aircraft types or aeronautical products, and no further consultation was deemed necessary given the minor nature of the amendments. This instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the AD/ROBIN/21 Amdt 3 include the amendment of airworthiness directives to address the inspection requirements for certain R2000 model aircraft. Specifically, this amendment modifies the inspection requirements as outlined in the previous AD/ROBIN/21 Amdt 2 issued on 11 December 2008. The AD pertains to the stabilator spar and attachment brackets of the aircraft, and aims to ensure their continued airworthiness. This AD is a legislative instrument made under section 98 of the Civil Aviation Act 1988 (the Act) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998). It is designed to provide essential safety information for the continued operation of the specified aircraft. The AD imposes obligations on the operators and owners of the affected R2000 model aircraft to ensure compliance with the amended inspection requirements. Operators and owners must adhere to the new inspection procedures outlined in AD/ROBIN/21 Amdt 3, which include specific intervals and detailed checks for the stabilator spar and attachment brackets. Failure to comply with these requirements could result in the aircraft being deemed unairworthy, which would prevent it from being operated until the necessary inspections and repairs are completed. The AD also places a responsibility on the Civil Aviation Safety Authority (CASA) to monitor compliance and enforce the regulations to maintain the safety of air navigation. Any breaches of the amended airworthiness directive may result in serious consequences. Operators or owners of R2000 model aircraft who fail to comply with the new inspection requirements may face enforcement actions from CASA. These actions can include the issuance of a Notice of Proposed Civil Penalty, which could lead to financial penalties. Additionally, non-compliance could result in the grounding of the aircraft until the required inspections are performed and any necessary repairs are made. Such actions are taken to ensure that the safety standards set forth in the AD are upheld and that the risks associated with the stabilator spar and attachment brackets are effectively mitigated.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.