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 USA FAA issued AD 83-08-01 Revision 2, affecting Hartzell Steel Hub Aircraft Propellers, in 2005. USA is the State of Design for these aircraft propellers. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 9. The amended AD, AD/PHZL/44 Amendment 9, will become effective on 7 July 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 was enacted to provide a framework for the regulation of civil aviation in Australia, focusing on safety and efficiency. This Act empowers the Governor-General to create regulations in the interests of air navigation safety. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are made in accordance with the Legislative Instruments Act 2003. The policy objective behind the ADs is to ensure that aircraft meet continuing airworthiness standards as per international obligations under the Convention on International Civil Aviation. The State of Design has a primary responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, acting on behalf of the Australian government, assesses information from the State of Design and issues corresponding ADs to enforce necessary safety measures.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations govern the issuance of airworthiness directives (ADs) as a means to ensure the safety of air navigation. Under the Act, the Governor-General has the authority to create regulations aimed at maintaining 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 specified types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with international obligations, specifically under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft to the State of Design and mandates that States of Registry implement measures to ensure this airworthiness. Consequently, when a State of Design, such as the United States, issues an AD, CASA, as Australia’s national airworthiness authority, is required to evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the originating State of Design. This process ensures that all aircraft registered in Australia meet international standards for airworthiness.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, outlines the mechanisms for ensuring the safety and airworthiness of aircraft within Australian airspace. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as critical tools for maintaining the safety standards of aircraft and are deemed legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA, as the national airworthiness authority, to meticulously evaluate any AD issued by the State of Design—the country responsible for the aircraft type's initial design and ongoing airworthiness—and to issue equivalent ADs for Australian-registered aircraft. This is in line with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design must provide necessary information to ensure continuing airworthiness. Moreover, the State of Registry, which in this context is Australia for registered aircraft, must implement and enforce the ADs to ensure compliance and continued safety.
Failure to comply with the provisions set forth in the ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, with potential civil and criminal penalties. For instance, operating an aircraft in breach of an AD can lead to enforcement actions, including fines and potential criminal charges for individuals or entities responsible for the aircraft. The specific penalties can vary but may include substantial fines and, in severe cases, imprisonment for directors or responsible officers of corporations found in breach of the regulations.
The Civil Aviation (Airworthiness of Aircraft) Regulations 1998, alongside the Civil Aviation Act 1988, create a robust framework ensuring that all aircraft within Australian jurisdiction meet stringent safety standards. By mandating CASA to issue and enforce ADs in alignment with international standards, the legislation ensures that the airworthiness of aircraft is maintained to the highest safety standards. The absence of public consultation and a Regulatory Impact Statement for specific ADs, as determined by the Office of Regulatory Review, underscores the urgent and critical nature of these directives in maintaining aviation safety.