CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 US FAA issued AD 94-06-05, affecting Hamilton Standard type propellers. The US is the State of Design for these types of propellers. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/PHS/18 Amendment 2. The amended AD, AD/PHS/18 Amendment 2, will become effective on 9 June 2005. 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.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation activities in Australia, with a primary focus on ensuring the safety of air navigation. In accordance with section 98 of the Act, the Governor-General is empowered to make regulations that further the Act's objectives. This framework facilitates the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The policy objective behind these regulations is to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly through the collaboration between the State of Design and the State of Registry. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, responsible for issuing Australian ADs that mandate the requirements of foreign ADs, thereby maintaining consistency and safety in international aviation operations.
Scope and Application
The Civil Aviation Act 1988, as amended by subsequent regulations such as the Civil Aviation Safety Regulations 1998, applies to entities and individuals involved in the aviation industry in Australia, specifically targeting the continuing airworthiness of aircraft and aeronautical products. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. These directives are legislative instruments and are issued under the authority granted by section 98 of the Civil Aviation Act 1988, in line with international obligations under the Convention on International Civil Aviation. The scope of this legislation is both national and international, as it mandates CASA to adopt or develop requirements to ensure the continuing airworthiness of aircraft registered in Australia, while also aligning with directives issued by the State of Design, such as the United States in the case of Hamilton Standard type propellers. The ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and the specific safety requirements dictated by the State of Design.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). An AD is a legislative instrument that mandates requirements to ensure the continuing airworthiness of specific kinds of aircraft or aeronautical products. These directives are issued under the responsibility of the State of Design, which must provide necessary information to the States of Registry to maintain the airworthiness of aircraft types. The State of Registry then implements these requirements domestically.
Obligations imposed by the Act include ensuring that CASA, as Australia's national airworthiness authority, assesses and implements relevant ADs issued by the State of Design. For example, if the US Federal Aviation Administration (FAA) issues an AD for Hamilton Standard type propellers, CASA must review this information and issue an equivalent Australian AD if appropriate. The AD must be issued in accordance with the legislative framework, including the requirement that it be a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
Failure to comply with the ADs may result in civil and criminal consequences. Civil penalties can include fines, and in severe cases, criminal penalties may apply, including imprisonment. The specific penalties depend on the nature and severity of the breach. The ADs are designed to maintain safety standards and ensure that aircraft remain airworthy, so non-compliance can lead to serious safety risks.
In this instance, AD 94-06-05, issued by the US FAA for Hamilton Standard type propellers, has been amended by CASA to AD/PHS/18 Amendment 2. This amendment will become effective on 9 June 2005, replacing the previous directive. Given that this AD is issued in response to international obligations and specific industry requests, no public consultation was required. The Office of Regulatory Review has also determined that such ADs do not necessitate a Regulatory Impact Statement. The AD is issued by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.