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 United States FAA issued AD 2006-15-08, affecting Honeywell International TPE331 series engines, in 2006. The United States of America is the State of Design for this engine type. As a result of a request from industry, CASA has amended the equivalent Australian AD, AD/TPE 331/63 Amdt 1, to incorporate the provisions of FAA AMOC (Alternate Method of Compliance) Letter Ref: 140L-11-346 dated October 6, 2011. The amended AD, AD/TPE 331/63 Amendment 2, will become effective on 6 December 2012. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
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, enacted by the Commonwealth Parliament, aims to ensure the safety of civil aviation in Australia. Under this Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901, ensuring that the continuing airworthiness of aircraft aligns with international standards set by the International Civil Aviation Organization (ICAO). The ADs are critical in maintaining the safety standards of aircraft registered in Australia, especially when issued in response to directives from the aircraft's State of Design. This legislative framework ensures that Australia meets its international obligations and maintains a high standard of aviation safety.
Scope and Application
The Civil Aviation Act 1988 applies to all persons and entities involved in the operation, design, and maintenance of aircraft in Australia, encompassing a wide array of industries and conduct related to civil aviation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate the continuing airworthiness of aircraft, thereby ensuring safety standards are met across the aviation sector. The ADs apply to all aircraft registered in Australia, and CASA, as the national airworthiness authority, is responsible for assessing and enforcing these directives. The jurisdictional reach of this legislation is national, extending throughout Australia in accordance with international obligations under the Convention on International Civil Aviation. While the ADs are designed to maintain the highest safety standards, they are issued without public consultation due to their alignment with international agreements and responses to directives from the State of Design. The compatibility of these ADs with human rights and freedoms has been affirmed, with no adverse impacts on applicable rights or freedoms identified.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific aircraft types or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The ADs mandate compliance with airworthiness requirements as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, in this case, the United States of America, has the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, which for Australian aircraft is CASA, must then evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. For example, in 2006, the United States Federal Aviation Administration (FAA) issued AD 2006-15-08 for the Honeywell International TPE331 series engines. In response to a request from the industry, CASA amended the equivalent Australian AD, AD/TPE 331/63 Amendment 2, to include the provisions from the FAA's Alternate Method of Compliance (AMOC) Letter dated October 6, 2011. This amended AD will become effective on December 6, 2012, and will replace the previous version.
The obligations under the ADs require both the State of Design and the State of Registry to ensure the continuing airworthiness of aircraft types by providing necessary information and issuing ADs as appropriate. The ADs themselves mandate specific actions and compliance with technical requirements to maintain safety standards. These requirements are designed to address identified safety issues and ensure that aircraft meet the necessary safety standards as prescribed by the relevant aviation authorities.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to civil or criminal penalties. The exact penalties can vary, but they can include fines and, in some cases, imprisonment. The severity of the penalty often depends on the nature of the non-compliance and whether it is deemed to be a minor or major infringement. It is essential for aircraft operators and owners to adhere to the ADs to avoid these legal repercussions and to maintain the airworthiness of their aircraft.