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/PHS/3 affecting Hamilton Standard model 23260 and 43E60 propellers. CASA has assessed this AD and as a result has cancelled Australian AD/PHS/3. 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 for the regulation of civil aviation in Australia, with a focus on ensuring safety and efficiency in the industry. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act and in the interests of the safety of air navigation. As part of this regulatory framework, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed rules and standards to be followed in the industry, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, which fall under the purview of the Civil Aviation Act 1988, specifically address the need for the issuance of airworthiness directives, which are legislative instruments that must be assessed and potentially adopted by CASA, the national airworthiness authority of Australia, to ensure compliance with international obligations and the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for particular types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The ADs are designed to maintain the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry, which in Australia is CASA. In alignment with Annex 8 to the Convention on International Civil Aviation, CASA must assess and, if necessary, issue ADs based on information from the State of Design. This particular legislation applies to aircraft types registered in Australia and the aeronautical products they use, ensuring that these items meet the necessary safety standards. The scope of this regulation is national, given that Australia adheres to international civil aviation standards set by the International Civil Aviation Organization (ICAO). There are no stated exclusions or exemptions within this specific regulation; however, the application of ADs can be further extended or restricted through subordinate instruments issued by CASA.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (section 39.001). An AD is considered a legislative instrument as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is regulated by the Legislative Instruments Act 2003 (section 6). Such directives are critical for maintaining the continuing airworthiness of aircraft types and are issued by most ICAO Contracting States, including Australia, in compliance with Annex 8 to the Convention on International Civil Aviation. The State of Design has overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, which in Australia's case is CASA, must ensure the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
Under these provisions, CASA issued AD/PHS/3 affecting Hamilton Standard model 23260 and 43E60 propellers. However, after assessing this AD, CASA has determined that it should be cancelled. This cancellation, which will take effect on 9 April 2009, is due to the unsafe condition no longer existing. As this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, there was no need for consultation with the Australian public. Additionally, the Office of Best Practice Regulation has concluded 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 Civil Aviation Act 1988.
The issuance, assessment, and cancellation of ADs are critical to ensuring the safety and airworthiness of aircraft. CASA's role in these processes underscores the importance of regulatory oversight in maintaining high safety standards in the aviation industry. The cancellation of AD/PHS/3 demonstrates CASA's commitment to addressing safety concerns promptly and efficiently, ensuring that Australian aviation remains safe and compliant with international standards.