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/PHZL/39 Amendment 1 affecting all Hartzell HC-C2YK-2CG( )/( )C7666A-2 and HC-C2YK-2CLG( )/( )JC7666A-2 propellers fitted with C-1576 damper assemblies. CASA has assessed this AD and as a result has cancelled Australian AD/PHZL/39 Amendment 1. 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, enacted by the Australian Parliament, provides the legislative framework for ensuring the safety and efficiency of civil aviation within Australia. Among its many provisions, the Act empowers the Governor-General to issue regulations that support the Act’s objectives, particularly in relation to the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are instrumental in maintaining the continuing airworthiness of aircraft in line with international standards. This legislative mechanism addresses the need to ensure that aircraft remain safe and airworthy throughout their operational lives, thereby safeguarding both the aviation industry and the public. The ADs are aligned with the principles set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry of an aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, thereby ensuring the safety of air navigation within Australia. These ADs are legislative instruments under the Legislative Instruments Act 2003, and their issuance is in line with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types. The State of Registry, which in Australia is CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This regulatory framework ensures that both the safety and airworthiness of aircraft registered in Australia are maintained to international standards. The geographic scope of this regulation is national, applying to all aircraft and aeronautical products within Australia, and extends to fulfilling international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. These ADs serve as a means to communicate critical safety information and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
Compliance with the ADs is mandatory for aircraft operators and other entities governed by the Civil Aviation Act. For instance, when CASA issues an Australian AD, it becomes legally binding, and the entities must adhere to the specified requirements to ensure the continuing airworthiness of their aircraft. The State of Registry, typically the country where the aircraft is registered, has the responsibility to implement and enforce these ADs. This includes developing or adopting requirements that align with international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design must provide necessary information to ensure an aircraft type's continuing airworthiness.
Failure to comply with the ADs can result in serious consequences. Under the Civil Aviation Act, breaches of airworthiness directives can lead to civil or criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment, reflecting the severity of non-compliance in matters of aviation safety. The specific penalties are determined by the nature and severity of the breach, with maximum penalties outlined in relevant sections of the Act and associated regulations.
In a recent case, CASA issued and subsequently cancelled AD/PHZL/39 Amendment 1, which affected specific propellers fitted with C-1576 damper assemblies. This cancellation was due to the unsafe condition no longer existing, as determined by CASA. Given the nature of this cancellation and its alignment with international obligations under the Convention on International Civil Aviation, no public consultation was required, and no Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation. The Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, made this AD cancellation in accordance with subsection 84A(2) of the Act, ensuring that the safety standards are upheld effectively.