Explanatory Statement
Civil Aviation Regulations 1988
Direction — to investigate major defects in Dornier 328-100 aircraft and report to CASA
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 38 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.
Direction
There have been a series of incidents relating to Dornier 328-100 aircraft operated by Aerorescue Pty Limited (Aerorescue). These involve uncommanded engine power and torque fluctuations experienced during flight.
The direction requires Aerorescue to investigate these incidents and to report to CASA on them in accordance with the CASA Service Difficulty Reporting system established under regulation 51 of CAR 1988. The direction sets out a time frame within which these reports are to be submitted.
Legislative Instruments Act
Under section 5 of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if it is in writing, made in the exercise of a power delegated by the Parliament and is of a legislative character. An instrument made under regulation 38 of CAR 1988 is a legislative instrument. The direction is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken with Aerorescue. The direction is required in the interests of the safety of air navigation.
The instrument commences on the day of registration and stops having effect at the end of 31 December 2009.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 437/09]