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 Civil Aviation Safety Authority or its predecessors issued AD/GOV/4 affecting Woodward Propeller Governors Part No. 8210-020. CASA has assessed this AD and as a result has cancelled Australian AD/GOV/4. The cancellation will become effective on 9 April 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation 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.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. The Act empowers the Governor-General to make regulations, including those that govern the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments and are issued in accordance with the Legislative Instruments Act 2003. The Civil Aviation Safety Authority (CASA) has the responsibility to assess and issue these ADs, ensuring they align with Australia's obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft types registered in Australia. The cancellation of AD/GOV/4 for Woodward Propeller Governors Part No. 8210-020, effective from 9 April 2009, exemplifies CASA's role in responding to safety concerns and international obligations, without the need for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, as amended, and its associated Civil Aviation Safety Regulations 1998, provide the legislative framework governing airworthiness directives (ADs) within Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to issue regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments, subject to the provisions of section 46A of the Acts Interpretation Act 1901, and are legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry. The State of Registry is then responsible for ensuring the continuing airworthiness of individual aircraft, a responsibility that CASA, as Australia's national airworthiness authority, enforces by assessing and, if necessary, issuing corresponding Australian ADs. The AD/GOV/4, issued by CASA, has been cancelled effective 9 April 2009, due to the resolution of the unsafe condition it was addressing, and no replacement AD is required.
Key Provisions
The Civil Aviation Act 1988 (the Act) and the Civil Aviation Safety Regulations 1998 (the Regulations) contain provisions that govern the issuance and management of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations necessary for the safety of air navigation. Under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products to ensure they remain airworthy. These ADs serve as legislative instruments, subject to disallowance as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations require CASA to closely monitor the airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design—the country where the aircraft type is designed—CASA must review this information to ensure compliance with Australian standards. If deemed necessary, CASA may issue an Australian AD that mandates specific requirements for the aircraft registered in Australia. This process underscores the State of Registry's responsibility for the continuing airworthiness of individual aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation.
In specific cases, such as the cancellation of Australian AD/GOV/4 affecting Woodward Propeller Governors Part No. 8210-020, CASA has the authority to assess and determine the necessity of an AD. The cancellation of this AD, effective from 9 April 2009, indicates that the unsafe condition it addressed no longer exists. Since the cancellation is in line with Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public or preparation of a Regulatory Impact Statement was required. The AD was issued 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.
Regarding breaches of the provisions outlined in the Act and Regulations, specific offences and penalties are not detailed in the text. However, general provisions under the Civil Aviation Act 1988 and associated regulations could include fines and imprisonment for non-compliance with airworthiness directives, as well as civil penalties for failure to maintain the airworthiness of aircraft. The exact penalties would depend on the severity of the breach and relevant sections of the Act and Regulations.