AD/SUPP/16 Amdt 1 — Electrical Hoist Assemblies - Earth Bonding Testing

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Legislation au F2016L00146 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/SUPP/16 Amdt 1 — Electrical Hoist Assemblies - Earth Bonding Testing

 

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.

 

CASA issued AD/SUPP/16 in 1992 to correct an unsafe situation on all electrical hoist assemblies which do not have specific bonding testing requirements called up in any other Australian AD. CASA has issued AD/SUPP/16 Amdt 1 to limit the AD’s applicability to aircraft to which Part 42 of CASR 1998 (Part 42) applies. For aircraft to which Part 42 does not apply, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5.  This AD repeals and replaces the previous AD on this subject.

 

Consultation

As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from amending the AD applicability and thereby eliminating requirements duplicated in CAO 100.5, 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 instrument 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 26 February 2016.

 

[Instrument number AD/SUPP/16 Amdt 1]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/SUPP/16 Amdt 1 – Electrical Hoist Assemblies - Earth Bonding Testing

 

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/SUPP/16 in 1992 to correct an unsafe situation on all electrical hoist assemblies which do not have specific bonding testing requirements called up in any other Australian AD. CASA has issued AD/SUPP/16 Amdt 1 to limit the AD’s applicability to aircraft to which Part 42 of CASR 1998 (Part 42) applies. For aircraft to which Part 42 does not apply, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to limit the AD’s applicability to eliminate requirements duplicated in CAO 100.5.

 

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, amended by AD/SUPP/16 Amdt 1 in 2016, address the issue of ensuring the continuing airworthiness of electrical hoist assemblies on aircraft. This amendment was introduced to refine the applicability of the original AD/SUPP/16, issued in 1992, which was aimed at rectifying an unsafe condition concerning electrical hoist assemblies without specific bonding testing requirements. The Civil Aviation Safety Authority (CASA) issued this amendment to limit the AD’s scope to aircraft governed by Part 42 of the Civil Aviation Safety Regulations 1998, thereby excluding those that fall under Civil Aviation Order (CAO) 100.5. This legislative instrument, made under the authority conferred by the Civil Aviation Act 1988, aims to streamline regulatory requirements and eliminate duplication, thereby enhancing the overall safety and efficiency of air navigation in Australia.

Scope and Application

The AD/SUPP/16 Amdt 1 applies to electrical hoist assemblies in aircraft that fall under Part 42 of the Civil Aviation Safety Regulations 1998, which pertains to aircraft manufactured and registered in Australia. This amendment specifically addresses the bonding testing requirements for these electrical hoist assemblies to ensure their continued airworthiness. It excludes aircraft that do not fall under Part 42, for which the requirements have been transitioned to Civil Aviation Order 100.5. This legislative instrument, being an airworthiness directive, is made under the authority of the Civil Aviation Act 1988 and is considered a legislative instrument, allowing it to be amended or repealed through subordinate instruments as needed. The amendment focuses on eliminating duplicated requirements between the AD and CAO 100.5, thereby streamlining compliance for the affected aircraft.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) are amended by AD/SUPP/16 Amdt 1 to address the safety concerns associated with electrical hoist assemblies, specifically those lacking specific bonding testing requirements outlined in other Australian airworthiness directives (ADs). This amendment, made under section 98 of the Civil Aviation Act 1988, ensures that the safety regulations apply only to aircraft covered by Part 42 of CASR 1998 (section 39.001). For aircraft not covered by Part 42, the requirements are transitioned to Civil Aviation Order (CAO) 100.5. This amendment repeals and replaces the previous AD on this subject, streamlining the regulations and eliminating duplicated requirements (section 33(3) of the Acts Interpretation Act 1901). The Civil Aviation Safety Authority (CASA) is responsible for the ongoing airworthiness of aircraft, and this amendment is a legislative instrument under the Civil Aviation Act 1988 (subsections 98(5B) and (5BA)). The amendment imposes specific obligations on aircraft operators and manufacturers to ensure that electrical hoist assemblies on aircraft subject to Part 42 of CASR 1998 comply with the new bonding testing requirements. Operators must conduct or arrange for the testing of electrical hoist assemblies to verify compliance with the updated directive. Manufacturers must ensure that any new or modified electrical hoist assemblies meet the bonding testing requirements before they are installed on aircraft (section 98 of the Civil Aviation Act 1988). Failure to comply with the requirements of this amendment may result in enforcement actions by CASA. The Civil Aviation Safety Regulations 1998 provide for various civil and criminal penalties for non-compliance, including fines and imprisonment. The maximum penalties for contravening the AD can vary depending on the severity of the breach. For instance, significant non-compliance may result in fines of up to $126,000 for corporations and $25,200 for individuals, along with potential imprisonment for directors or responsible persons (section 98 of the Civil Aviation Act 1988). CASA has the authority to issue fines and take legal action against non-compliant parties to enforce compliance with the amended directive. In summary, AD/SUPP/16 Amdt 1 is a legislative instrument that amends the Civil Aviation Safety Regulations 1998 to refine the applicability of bonding testing requirements for electrical hoist assemblies. It imposes specific obligations on aircraft operators and manufacturers to ensure compliance, with significant civil and criminal penalties for non-compliance. The amendment aims to enhance aviation safety by eliminating duplicated requirements and ensuring that safety regulations are applied consistently and effectively across the aviation industry.

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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.