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.
CASA issued AD/PHZL/74 Amdt 1, in response to the United States FAA AD
2001-23-08 which applies to Hartzell Propeller Inc. Model ( ) HC-( )2Y( )-( ) Propellers. As a result of a request from industry, CASA has reviewed AD/PHZL/74 Amdt 1 and has amended it to reflect the compliance section of the latest revision of the manufacturer’s service bulletin, (Hartzell Propeller Inc. SB No. HC-SB-61-227), which is approved as an Alternate Means of Compliance (AMOC) to the original compliance interval as detailed in FAA AD 2001-23-08. The amended AD, AD/PHZL/74 Amdt 2 will become effective on 13 March 2012. 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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides a framework for the regulation of civil aviation in Australia. Among its provisions, the Act empowers the Governor-General to make regulations that ensure the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which under regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are essential for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, issues ADs to enforce these requirements, ensuring compliance with international safety standards. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and do not require consultation with the Australian public due to their alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the legal framework within which airworthiness directives (ADs) are issued in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations concerning the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives serve as a means to ensure the continuing airworthiness of aircraft, with CASA mandated to issue Australian ADs in response to directives issued by the State of Design, typically the country where the aircraft type is designed. The ADs apply to the persons or entities responsible for the maintenance and operation of the aircraft and aeronautical products covered by the directive. In the case of AD/PHZL/74 Amdt 2, this applies to Hartzell Propeller Inc. Model ( ) HC-( )2Y( )-( ) Propellers. This legislative instrument is applicable nationally within Australia, aligning with the requirements set forth under the Convention on International Civil Aviation, managed by the International Civil Aviation Organization (ICAO). While the ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, they do not require consultation with the Australian public as they are issued in response to international obligations and do not engage with human rights or freedoms as recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to make regulations that are crucial for ensuring the safety of air navigation. Regulation 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. Section 39.001(5) further clarifies that an AD is a disallowable instrument, thereby establishing its status as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are essential tools for maintaining the continuing airworthiness of aircraft, aligning with international standards set by Annex 8 of the Convention on International Civil Aviation.
The obligations under this Act and the regulations include a responsibility on the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, such as CASA for Australia, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements outlined by the State of Design. This process ensures that all aircraft registered in Australia meet the required safety standards, as dictated by international agreements and national regulations.
Failure to comply with an AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance can result in civil penalties, including fines, and potentially criminal charges for more severe breaches. The maximum penalties for these offences can vary, depending on the nature and severity of the breach. These provisions ensure that all parties involved in aviation maintain high safety standards, thereby protecting public safety and adhering to international obligations.
The compatibility of these regulations with human rights is also considered. The instrument does not engage any of the applicable rights or freedoms, as it primarily sets out technical requirements for maintaining airworthiness. The Office of Regulatory Review has confirmed that ADs do not require a Regulatory Impact Statement, and they have been deemed compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. This AD, in particular, was issued in response to international obligations and does not involve public consultation, reflecting the urgency and importance of adhering to global aviation safety standards.