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 United States FAA has issued AD 2011-26-04 affecting Teledyne Continental Motors fuel injected horizontally opposed piston engines. The United States is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error in the FAA AD amendment number noted in AD/CON/60 Amdt 3. The amended AD, AD/CON/60 Amendment 4, will become effective on 30 January 2012. This AD cancels and replaces the previous issue.
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.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Initial Airworthiness/New Technology and Regulatory Trends, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to make regulations that support the Act's objectives. The Civil Aviation Safety Regulations 1998, under this Act, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments subject to disallowance. The ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). Specifically, the State of Design has the responsibility to provide necessary information to ensure airworthiness, while the State of Registry must enforce these requirements. In response to the United States Federal Aviation Administration’s AD 2011-26-04 concerning Teledyne Continental Motors fuel injected engines, CASA issued an amended Australian AD to correct an error, reflecting Australia’s commitments under the Convention on International Civil Aviation. The process did not involve public consultation due to its international obligations and direct response to a State of Design directive. The instrument has been deemed compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) as a regulatory measure to ensure the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. Such ADs are legislative instruments that must be made in accordance with Australia’s obligations under international agreements, including Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is required to issue Australian ADs to align with directives from the State of Design. The AD in question, AD/CON/60 Amendment 4, corrects a typographical error in a previously issued AD concerning Teledyne Continental Motors fuel injected horizontally opposed piston engines. This AD, issued under the authority of CASA, becomes effective on 30 January 2012, superseding the previous amendment. It has been determined that this AD does not require public consultation or a Regulatory Impact Statement, and it is compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments in line with section 6 of the Legislative Instruments Act 2003. The ADs are a standard method of ensuring the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must furnish any necessary information to the State of Registry to maintain this airworthiness.
The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft under its jurisdiction. When a State of Design, such as the United States, issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to implement the requirements of the State of Design. In this instance, CASA amended the Australian AD to correct a typographical error in the FAA AD amendment number noted in AD/CON/60 Amdt 3, resulting in AD/CON/60 Amendment 4, which will be effective from 30 January 2012. This amendment cancels and replaces the previous issue. Since this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there was no consultation with the Australian public regarding this AD. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD is compliant 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. The AD establishes technical requirements and does not engage any of the applicable rights or freedoms. Consequently, the AD is deemed compatible with human rights and freedoms. The AD has been issued by the Manager, Initial Airworthiness/New Technology and Regulatory Trends, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act.