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 331/32 affecting Honeywell TPE 331 engines in 1984. 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 legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments intended to maintain the safety of aircraft in operation. The Civil Aviation Act 1988 was designed to align with international standards and practices, particularly under Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft on the State of Design and the State of Registry. Given the global nature of aviation, adherence to these international standards is crucial for the safety and interoperability of aircraft across different jurisdictions.
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 certain types of aircraft or aeronautical products. These ADs are integral to maintaining the safety of air navigation, as they establish requirements for the continuing airworthiness of aircraft types and products. This regulation applies to the entities and individuals involved in the operation, maintenance, and manufacture of aircraft within Australia, ensuring that all parties adhere to the prescribed safety standards. The ADs extend to the entire Commonwealth of Australia and are aligned with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must implement these directives to ensure compliance with both national and international safety standards. It is pertinent to note that the ADs are considered legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In this particular case, the AD/TPE 331/32 affecting Honeywell TPE 331 engines, originally issued in 1984, has been cancelled by CASA due to Australia’s commitments under the Convention on International Civil Aviation, and no replacement AD is required.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of 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. These ADs serve as legislative instruments, as stated in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. According to Annex 8 of the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the ongoing airworthiness of an aircraft type and must furnish necessary information to ensure this airworthiness. The State of Registry, on the other hand, is accountable for the continuing airworthiness of individual aircraft, and must establish or adopt requirements to this effect.
The obligations under this legislation require CASA to issue ADs that ensure the safety and airworthiness of aircraft and aeronautical products in Australia. The State of Design must provide necessary information to support the airworthiness of aircraft types, while the State of Registry must implement or adopt requirements for the ongoing airworthiness of individual aircraft. CASA must review and, if necessary, cancel ADs to remain compliant with international obligations under the Convention on International Civil Aviation. The cancellation of an AD does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Violating the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 may result in criminal or civil penalties, as outlined in other sections of the Act. The specific penalties depend on the nature and severity of the breach, and may include fines or imprisonment. The Civil Aviation Safety Regulations 1998 also include provisions for the enforcement of ADs, including the potential for CASA to take regulatory action against non-compliant aircraft or aeronautical products. Failure to comply with an AD may result in the grounding of an aircraft or the prohibition of an aeronautical product from being used or installed in an aircraft.