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/77 Amendment 2 affecting Hartzell 2 bladed “Y” shank aluminium hub propellers. CASA has assessed this AD and as a result has cancelled Australian AD/PHZL/77 Amendment 2. The cancellation will become effective on 7 May 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 establish a comprehensive legal framework governing civil aviation in Australia, addressing the need for stringent safety regulations to protect the public and ensure the integrity of air navigation. This Act empowers the Governor-General to issue regulations for the safety of air navigation, which is a critical mandate to maintain the high standards of aviation safety expected within Australia and in line with international obligations. The Civil Aviation Safety Regulations 1998 further detail the implementation of these safety measures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs, as legislative instruments, are crucial tools under Annex 8 of the Convention on International Civil Aviation, ensuring that States of Design and States of Registry collaborate to maintain the continuing airworthiness of aircraft. The policy objective of these regulations is to safeguard air navigation and the public by ensuring that any identified unsafe conditions are promptly addressed through appropriate ADs.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. These regulations apply to aircraft and aeronautical products registered in Australia and involve the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. CASA is authorised to issue ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are considered disallowable instruments as per the Acts Interpretation Act 1901. This legislative process ensures compliance with international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types and individual aircraft. The ADs issued by CASA are intended to mandate safety requirements and respond to unsafe conditions identified by the State of Design. In this particular instance, AD/PHZL/77 Amendment 2, which affected Hartzell 2 bladed “Y” shank aluminium hub propellers, has been cancelled by CASA as of 7 May 2009 due to the resolution of the previously identified unsafe condition. The cancellation of this AD was a direct response to Australia’s obligations under international civil aviation conventions, and it did not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the Act, with a focus on air navigation safety. The Civil Aviation Safety Regulations 1998 (regulation 39.001) empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The ADs are a common method for ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design bears overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft. CASA has issued AD/PHZL/77 Amendment 2, which was related to Hartzell 2 bladed “Y” shank aluminium hub propellers. After assessment, CASA has decided to cancel this AD, effective from 7 May 2009, as the unsafe condition it addressed no longer exists. No replacement AD is needed in this case. The cancellation of this AD is in line with Australia’s obligations under the Convention on International Civil Aviation, and thus, no public consultation was required. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD/PHZL/77 Amendment 2 cancellation was executed by the Manager Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA. This action complies with subsection 84A(2) of the Civil Aviation Act 1988. The obligations of CASA include evaluating ADs issued by the State of Design and deciding whether to issue an Australian AD to enforce the requirements. In this case, CASA has determined that the unsafe condition addressed by the AD no longer exists, leading to the cancellation of the AD. The AD was cancelled in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation was required. CASA must ensure the continuing airworthiness of aircraft and aeronautical products, and issuing ADs is one way to achieve this goal.
The Civil Aviation Safety Regulations 1998 include provisions for offences and penalties related to ADs. Under regulation 39.004, a person who contravenes an AD commits an offence and is liable for a penalty. The maximum penalty for an individual is 20 penalty units, while for a body corporate, the maximum penalty is 100 penalty units. A penalty unit is equal to $222 as of 1 July 2021. These penalties apply to any person or entity that fails to comply with an AD, highlighting the importance of adhering to the airworthiness requirements set forth by CASA. Failure to comply with an AD may result in legal consequences, including fines, which serve to enforce the importance of maintaining the airworthiness of aircraft and aeronautical products.