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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/TPE 331/15 affecting Honeywell TPE 331 engines in 1974. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 24 September 2009. No replacement AD is required.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology 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 comprehensive legal framework for civil aviation safety and regulation in Australia. The Act empowers the Governor-General to issue regulations in the interests of the safety of air navigation, and it delegates authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs serve as the primary means of ensuring the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for the maintenance and safety of aircraft. Given these international obligations, CASA has cancelled AD/TPE 331/15, which previously affected Honeywell TPE 331 engines, with the cancellation effective from 24 September 2009, and no replacement AD is required. This cancellation was executed by CASA without public consultation or a Regulatory Impact Statement, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives serve as crucial instruments for maintaining the safety of air navigation in Australia, in line with international standards under Annex 8 to the Convention on International Civil Aviation. The Act and Regulations apply to all aircraft registered in Australia, their operators, and relevant aeronautical product manufacturers. The scope of the legislation extends to ensuring that the continuing airworthiness of aircraft is maintained, thereby safeguarding the integrity of air navigation within Australian jurisdiction. Notably, the issuance and application of ADs are governed by both the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with ADs classified as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The Act and Regulations also outline the responsibilities of the State of Registry in ensuring the airworthiness of individual aircraft, as mandated by international conventions. The legislative framework allows for the extension and restriction of application through subordinate instruments, ensuring that safety measures are effectively implemented and enforced within the aviation industry.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, lays out the framework for ensuring the safety of air navigation in Australia, particularly through the issuance of airworthiness directives (ADs) (sections 98 and 39.001). Section 39.001(5) of the Regulations specifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus constitute legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These ADs serve as a critical form of continuing airworthiness information, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the ongoing airworthiness of aircraft types. Moreover, the State of Registry is tasked with implementing measures to maintain the airworthiness of individual aircraft.
The obligations imposed by the Civil Aviation Act and the Civil Aviation Safety Regulations on entities such as the Civil Aviation Safety Authority (CASA) include the development and issuance of ADs to ensure the safety of aircraft and aeronautical products. CASA, acting on behalf of the Governor-General, has the authority to issue these directives as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These entities must ensure that any ADs issued are in line with international standards and obligations, particularly under the Convention on International Civil Aviation, which requires States of Design and States of Registry to collaborate on maintaining the airworthiness of aircraft. The State of Registry must also adopt or develop specific requirements to ensure the ongoing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, including the issuance and adherence to ADs, may result in significant legal consequences. While specific penalties are not detailed within this explanatory statement, the broader legal framework under which the ADs are issued indicates that non-compliance could lead to civil or criminal penalties. These penalties could include fines, imprisonment, or other sanctions as prescribed by relevant legislation. Given the critical nature of air safety, regulatory breaches are likely to be treated with the utmost seriousness by authorities such as CASA.