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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/PFP/19 affecting MT Propeller propellers. The EASA issued AD 2006-0345R1 on 15 January 2010 which supersedes the requirements of AD/PFP/19 and as such this AD has been cancelled. The EASA acts on behalf of Germany which is the state of design for these propellers. The cancellation will become effective on 29 January 2010.
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, Continuing Airworthiness 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 by the Australian Parliament, governs the regulation of civil aviation to ensure safety and efficiency within Australia's airspace. This Act empowers the Governor-General to establish regulations that align with the Act's objectives, particularly in promoting the safety of air navigation. A key element of these regulations is the issuance of airworthiness directives (ADs), which are formal and enforceable orders issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are critical for maintaining the continuing airworthiness of aircraft and aeronautical products, thereby directly addressing the problem of ensuring the safety and compliance of aircraft operating in Australia. The legislative framework allows CASA to mandate requirements derived from ADs issued by the State of Design, ensuring that all aircraft on the Australian register meet international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework within which airworthiness directives (ADs) are issued and enforced in Australia. According to the Act, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation, and under the Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments subject to disallowance and are made in line with international standards set by the International Civil Aviation Organization (ICAO). The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to ensure compliance with airworthiness standards in other states, including Australia. CASA, as the national airworthiness authority, must evaluate this information and issue Australian ADs when necessary. The application of these directives extends to all aircraft registered in Australia, encompassing the entities and individuals involved in the operation and maintenance of these aircraft. The scope of the ADs is influenced by international cooperation and adherence to ICAO standards, ensuring a consistent approach to air safety across jurisdictions.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) of the Regulations and section 46A of the Acts Interpretation Act 1901. Additionally, under Annex 8 of the Convention on International Civil Aviation, the State of Design bears the responsibility for ensuring the ongoing airworthiness of an aircraft type and must provide necessary information to the States of Registry.
The obligations under these regulations are primarily directed towards CASA and the State of Registry. CASA must review information provided by the State of Design, which issues ADs, and determine if an Australian AD is necessary to enforce the State of Design's requirements. The State of Registry, which is Australia in this context, must develop or adopt measures to ensure the continuing airworthiness of aircraft registered within its territory. Furthermore, when an AD is issued by the State of Design, CASA is required to assess the AD and issue an Australian AD if necessary.
There are significant consequences for non-compliance with ADs. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties, including fines. The maximum penalty for contravening an AD can be substantial, depending on the severity of the non-compliance. Criminal penalties may also apply in cases of serious non-compliance, which could lead to imprisonment. CASA enforces these ADs rigorously to maintain the safety standards of air navigation in Australia.