Federal Register of Legislation - Australian Government

Primary content

AD/F100/92 Airworthiness Directives/Pt 105 — Aircraft as made
Engine Controls - Fuel Fire Shut-off Valve Actuator
Administered by: Infrastructure and Transport
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 11 Dec 2008
Tabling HistoryDate
Tabled HR03-Feb-2009
Tabled Senate03-Feb-2009
Date of repeal 24 Sep 2009
Repealed by AD/F100/92 - Engine Controls - Fuel Fire Shut-off Valve Actuator - CANCELLED

CIVIL AVIATION ACT 1988

CIVIL AVIATION SAFETY REGULATIONS 1998

ISSUE OF AIRWORTHINESS DIRECTIVE

Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.  Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products.  Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 ICAO 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.  When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.

The EASA has issued AD 2008-0193 affecting Fokker F28 series aircraft.  The Netherlands is the State of Design for these aircraft.  CASA has assessed this AD and has issued Australian AD/F100/92, which will become effective on 18 December 2008.

As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD.  The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.