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/PFP/6 affecting all McCauley propeller models 1B235/BFA7862 fitted to Beech model A23-24 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PFP/6. 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 was enacted to provide a legislative framework that ensures the safety of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation, as exemplified in the issuing of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments that mandate safety requirements for aircraft and aeronautical products registered in Australia. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, plays a crucial role in assessing and issuing such directives to maintain the continuing airworthiness of aircraft, in accordance with international obligations under the Convention on International Civil Aviation. This legislative approach ensures that Australia meets its international commitments while safeguarding the safety of air navigation within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation as per section 98 of the Act and regulation 39.001 of the Regulations. These directives apply to all kinds of aircraft and aeronautical products registered in Australia, and are legislative instruments under the Legislative Instruments Act 2003. The State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry, in this case the Civil Aviation Safety Authority (CASA), must ensure that these directives are assessed and implemented appropriately. ADs are issued to mandate the requirements of the State of Design and are integral to maintaining the safety and airworthiness of aircraft operating in Australia. The cancellation of an AD, such as AD/PFP/6 for McCauley propeller models, is made in accordance with Australia’s obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that are in the interests of the safety of air navigation. This section allows for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation applies to specific kinds of aircraft or aeronautical products, and subregulation 39.001(5) confirms that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. Therefore, in line with section 6 of the Legislative Instruments Act 2003, ADs are classified as legislative instruments.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing all necessary information to ensure the continuing airworthiness of the type to the appropriate States of Registry. ADs serve as the most prevalent form of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. Concurrently, the State of Registry of an individual aircraft must also ensure its continuing airworthiness by developing or adopting appropriate requirements as per Annex 8. When the State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess this information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements.
The Civil Aviation Safety Authority (CASA) or its predecessors had previously issued AD/PFP/6, which affected all McCauley propeller models 1B235/BFA7862 fitted to Beech model A23-24 aircraft. CASA has since assessed this AD and, as a result, has cancelled Australian AD/PFP/6. This cancellation will become effective on 9 April 2009. There is no need for a replacement AD because the unsafe condition no longer exists. Given that this AD has been cancelled in compliance with Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place regarding this cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was 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. The obligations and requirements imposed by this Act and its regulations on the parties and entities it governs include ensuring that ADs are issued in a manner that maintains the highest safety standards for air navigation. Failure to comply with these ADs can result in severe consequences, including the potential for aircraft to be grounded or restricted from operation until the specified requirements are met. Such non-compliance could also lead to civil or criminal penalties, depending on the severity of the breach and its impact on aviation safety. The maximum penalties for breaches related to airworthiness directives are outlined in the Act and can include fines and imprisonment, underscoring the importance of adherence to these safety measures.