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 US FAA has issued AD 2009-19-04 affecting certain McCauley propellers. The USA is the State of Design for this equipment. CASA has assessed this AD and as a result has cancelled Australian AD/PMC/52. The cancellation will become effective on 27 October 2009. No replacement AD is required, as the original unsafe condition is now addressed by AD/PMC/53.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation and ensure the safety of air navigation. One of its key provisions allows the Governor-General to make regulations that support the Act's objectives. Specifically, the Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs serve as legislative instruments, playing a crucial role in maintaining the continuing airworthiness of aircraft, as stipulated under international agreements such as Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs to ensure compliance with safety standards. The recent cancellation of Australian AD/PMC/52, following an AD issued by the United States Federal Aviation Administration (FAA), exemplifies the process of harmonising international safety directives with national regulations. This cancellation, necessitated by Australia’s obligations under international aviation conventions and the issuance of a relevant AD by the USA, the State of Design, did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The Act applies to the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, and CASA, as the national airworthiness authority, is tasked with assessing and implementing ADs issued by the State of Design, in accordance with international standards set by ICAO. The geographic reach of these regulations is national, governing all aircraft registered in Australia and ensuring compliance with international airworthiness standards. There are no stated exclusions or exemptions in this particular regulatory context, and the application of the ADs extends through subordinate instruments such as the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further provides that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) of these regulations indicates that an AD is a disallowable instrument, and thus, a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are pivotal in ensuring the ongoing airworthiness of aircraft, a responsibility that ultimately rests with the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation. This state must provide necessary information to other States of Registry to maintain airworthiness. In Australia, CASA, acting as the national airworthiness authority, must evaluate such information and, if necessary, issue corresponding Australian ADs to enforce the design state's requirements. This ensures that Australian-registered aircraft meet international safety standards.
In the specific case of AD 2009-19-04 issued by the US Federal Aviation Administration (FAA) concerning certain McCauley propellers, CASA has evaluated the directive and subsequently cancelled Australian AD/PMC/52. This cancellation, effective from 27 October 2009, is a direct response to the FAA’s AD and aligns with Australia's obligations under the Convention on International Civil Aviation. The cancellation does not necessitate a replacement AD as the unsafe condition has been addressed by AD/PMC/53.
There are no obligations for CASA to consult the Australian public regarding this cancellation, and the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
The AD cancellation and the lack of required consultations or statements are procedural steps taken in alignment with international standards and obligations. The issuing authority and process ensure that the legislative instrument is implemented effectively and transparently, adhering to the legal frameworks and international agreements governing aviation safety.