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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/THIELERT/13 affecting Thielert piston engines. The EASA issued AD 2009-0224 on 20 October 2009 which supersedes the requirements of AD/THIELERT/13 and as such this AD has been cancelled. The cancellation will become effective on 3 November 2009.
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, 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 was enacted to ensure the safety of air navigation in Australia, with the Civil Aviation Safety Regulations 1998 providing further regulatory detail. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument subject to disallowance, as stipulated under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The objective of issuing ADs is to ensure the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the airworthiness of an aircraft type, and the State of Registry must implement appropriate requirements for individual aircraft. The recent AD/THIELERT/13, issued by CASA concerning Thielert piston engines, was subsequently superseded by the European Aviation Safety Agency's AD 2009-0224, leading to its cancellation, effective from 3 November 2009. This cancellation was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in line with the regulatory framework set out in the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments under section 46A of the Acts Interpretation Act 1901. These ADs apply to specific types of aircraft or aeronautical products, with the aim of ensuring the continuing airworthiness of aircraft within Australia. CASA, as Australia's national airworthiness authority, is mandated to assess and, when necessary, issue Australian ADs to enforce the requirements set forth by the State of Design. These directives are particularly significant as they align with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibility of the State of Design in providing necessary information to ensure the continuing airworthiness of an aircraft type. The geographic reach of these regulations is national, and they apply to entities such as aircraft operators and manufacturers who must comply with the ADs issued by CASA. Notably, these regulations do 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, under section 98, empowers the Governor-General to create regulations that support the Act and aim to ensure the safety of air navigation. One of these regulations, 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, by virtue of section 6 of the Legislative Instruments Act 2003, it is considered a legislative instrument.
The ADs are crucial for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has primary responsibility for ensuring the airworthiness of an aircraft type. This state must provide necessary information to States of Registry to ensure that the aircraft remain airworthy. The State of Registry, in turn, is responsible for implementing measures to maintain the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
State of Design ADs issued on or after 1 October 2009 are categorised under Civil Aviation Safety Regulations Part 39.001A. Recently, CASA issued AD/THIELERT/13 concerning Thielert piston engines. However, this AD has been superseded by EASA AD 2009-0224 issued on 20 October 2009. Consequently, AD/THIELERT/13 has been cancelled and this cancellation will take effect on 3 November 2009. It is noteworthy that no public consultation has been conducted regarding this AD cancellation, and the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
The AD in question has been issued by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act. This process underscores CASA's commitment to adhering to regulatory standards and ensuring the safety of air navigation.