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 331/27 affecting Honeywell TPE 331 engines in 1980. 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, enacted by the Commonwealth Parliament, was designed to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. In line with this overarching objective, the Act empowers the Governor-General to issue regulations that further the cause of aviation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, which were also enacted by the Commonwealth Parliament, delegate to the Civil Aviation Safety Authority (CASA) the authority to issue such directives for specific types of aircraft or aeronautical products. The legislative intent behind these regulations is to uphold the safety standards set forth in the Convention on International Civil Aviation and to ensure that Australia's aviation safety measures are consistent with international practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure safety in air navigation, as mandated by section 98 of the Civil Aviation Act 1988. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are integral to the continuing airworthiness of aircraft and are issued in line with the requirements outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA has historically issued and subsequently cancelled certain ADs, such as AD/TPE 331/27 for Honeywell TPE 331 engines, which was rescinded due to obligations under the Convention, and no public consultation or Regulatory Impact Statement was required for such actions.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations for the Act, specifically aimed at ensuring the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). It is crucial to note that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore a legislative instrument as per section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)).
The obligations under these provisions include the requirement that the State of Design, which is the country responsible for the aircraft's design, must provide necessary information to ensure the aircraft's continuing airworthiness. This is mandated under Annex 8 to the Convention on International Civil Aviation. Additionally, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, acting as the State of Registry, must therefore ensure compliance with these obligations by issuing appropriate ADs.
Failure to comply with the ADs could lead to civil and criminal consequences, although specific penalties are not outlined in the given text. It is, however, implied that non-compliance with airworthiness directives could potentially result in enforcement actions under the Civil Aviation Act 1988 and associated regulations. CASA has the authority to take necessary actions, including fines and potential prosecution, to ensure adherence to the issued ADs.
In the specific case of AD/TPE 331/27, which affected Honeywell TPE 331 engines, CASA reviewed and subsequently cancelled the directive. This cancellation, effective from 24 September 2009, was due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required. No public consultation was necessary for this cancellation, and it has been determined by the Office of Best Practice Regulation that ADs do not require a Regulatory Impact Statement. The cancellation was authorised by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.