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 FAA issued AD 94-06-05 affecting Hamilton Sundstrand propellers. The United States is the State of Design for these propellers. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/PHS/18 Amendment 3. The amended AD will become effective on 22 November 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, as exemplified by the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs), which are legislative instruments that mandate compliance with specific safety measures for certain types of aircraft and aeronautical products. This legislative approach is aligned with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design of an aircraft type is responsible for its continuing airworthiness, with the State of Registry tasked with ensuring the individual aircraft's compliance. In response to an AD issued by the United States Federal Aviation Administration concerning Hamilton Sundstrand propellers, CASA has amended the corresponding Australian AD to AD/PHS/18 Amendment 3, effective from 22 November 2007, reflecting Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, establish the framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations that promote the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and oversight, ensuring their alignment with legislative intent and international standards. The geographic scope of these regulations is national, applying across all Australian states and territories, and extends to aircraft registered in Australia regardless of where they are designed or manufactured. The ADs are intended to ensure the continuing airworthiness of aircraft and aeronautical products, with CASA acting on information from the State of Design to issue Australian ADs as necessary. This legislative framework ensures compliance with international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and State of Registry for airworthiness.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These directives are legislative instruments, as provided under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, which is mandated under Annex 8 to the Convention on International Civil Aviation. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This is to ensure compliance with international safety standards and Australian regulations.
Failure to comply with ADs can lead to serious consequences. Under section 39.005 of the Civil Aviation Safety Regulations 1998, the operation of a non-compliant aircraft may result in the cancellation of the aircraft's certificate of airworthiness. Additionally, under section 84A of the Civil Aviation Act 1988, a person who contravenes an AD is liable to a civil penalty. The maximum penalty for a corporation can be up to $1,050,000, and for an individual, it can be up to $210,000, as specified in section 12 of the Civil Aviation Act 1988. Furthermore, under section 84A(4), an officer of CASA who is satisfied that a person has contravened an AD may issue a direction to correct the contravention, and failure to comply with such a direction is an offence.