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 United States FAA has issued AD 2009-07-06 affecting Hamilton Sundstrand propellers. The United States is the State of Design for these propellers. CASA has assessed this AD and has issued Australian AD/PHS/25 which will become effective on 30 July 2009.
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 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, serves to regulate the safety of air navigation, ensuring that all aviation operations within Australia are conducted in a manner that protects public safety. One critical aspect of this legislation is its provision for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are necessary to maintain safety standards and comply with international obligations under the Convention on International Civil Aviation. The Act allows CASA to issue ADs that mandate specific safety requirements based on assessments of directives issued by the aircraft's State of Design. The policy objective is to align Australian aviation safety standards with international best practices, ensuring that all aircraft registered in Australia meet stringent safety criteria. This legislative framework underscores Australia’s commitment to maintaining high safety standards in civil aviation, both domestically and in alignment with global standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These regulations are intended to ensure the safety of air navigation and are applicable to the aviation industry, specifically the entities responsible for the continuing airworthiness of aircraft and aeronautical products. Geographically, the application of these ADs is national, as they are mandated by Australia's obligations under the Convention on International Civil Aviation. This means that the directives apply to all aircraft and aeronautical products registered in Australia, regardless of their place of manufacture. The ADs are issued in response to international directives from the State of Design, and as such, there is no requirement for public consultation or a Regulatory Impact Statement. The ADs are issued by CASA, the national airworthiness authority, following the assessment of relevant international directives to ensure compliance with Australian safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, as applied to the issuance of airworthiness directives, include section 98, which allows the Governor-General to make regulations for the purposes of the Act, particularly in the interest of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are a form of legislative instrument, as indicated by subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The issuance of an AD, such as AD/PHS/25 for Hamilton Sundstrand propellers, is also aligned with the requirements of Annex 8 to the Convention on International Civil Aviation, which outlines the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type.
Under the Act and associated regulations, the obligations imposed on the parties include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is required to assess the ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the requirements of the State of Design. This process ensures that Australian aircraft comply with international safety standards. The Act and regulations also necessitate that when an AD is issued by a State of Design, such as the United States FAA's AD 2009-07-06, CASA must evaluate the AD and issue an Australian AD if necessary, ensuring that Australian aircraft maintain their airworthiness.
Failure to comply with the requirements set out in an AD can lead to severe consequences. While the specific offences and penalties are not detailed within this particular legislation, generally, non-compliance with CASA regulations can result in significant civil or criminal penalties. Such penalties may include fines, imprisonment, or both, depending on the severity and nature of the breach. The enforcement of these regulations is critical to maintaining the safety standards required under international and domestic aviation law.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives. The regulations allow CASA to issue ADs in response to directives from the State of Design, ensuring that Australian aircraft meet international safety standards. The obligations under these provisions necessitate a thorough evaluation and implementation process, with significant civil and criminal penalties for non-compliance.