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 Civil Aviation Safety Authority or its predecessors issued AD/AA-5/11 affecting Gulfstream AA-5 model aircraft. CASA has assessed this AD and as a result has cancelled AD/AA-5/11. The cancellation will become effective on 4 June 2009. No replacement AD is required, as the unsafe condition no longer exists.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, establishing the legal framework for the regulation of air navigation and aircraft safety. Under the authority granted by section 98 of this Act, the Governor-General can enact regulations that serve the interests of air navigation safety. In line with these provisions, the Civil Aviation Safety Regulations 1998 were established to provide further detail on safety standards and regulatory processes. One significant aspect of these regulations is the issuance of airworthiness directives (ADs) under regulation 39.001, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Safety Authority (CASA) has the authority to issue such ADs, ensuring that Australian aircraft maintain their airworthiness in compliance with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness) Amendment Regulations 2009, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft types and aeronautical products registered in Australia. These ADs apply to any person who holds an Australian aircraft certificate, such as the owner or operator of an aircraft, and to any entity that manufactures or supplies aeronautical products for use in Australian aircraft. The ADs are applicable nationally and are intended to ensure compliance with international standards and obligations under the Convention on International Civil Aviation. The authority to issue these ADs is derived from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Additionally, ADs are considered legislative instruments under the Legislative Instruments Act 2003, subject to disallowance procedures. Although ADs are intended to address specific safety concerns, they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The issuance and cancellation of ADs, such as AD/AA-5/11 for Gulfstream AA-5 model aircraft, are conducted by CASA in accordance with the relevant sections of the Act, ensuring that Australian aviation remains compliant with international safety standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, particularly concerning the issuance of airworthiness directives (ADs), are detailed in sections 98 and 39.001 respectively. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations that serve the Act's purpose, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Moreover, subregulation 39.001(5) establishes that an AD is a disallowable instrument under the Acts Interpretation Act 1901, thus making it a legislative instrument according to the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on the parties and entities they govern are substantial. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to States of Registry as per Annex 8 of the Convention on International Civil Aviation. Conversely, the State of Registry must ensure the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements. In Australia, CASA acts as the national airworthiness authority, responsible for assessing ADs issued by States of Design and issuing Australian ADs if deemed necessary to maintain safety standards.
Breaches of ADs can lead to severe civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in significant penalties. For example, operating an aircraft in contravention of an AD may incur fines up to $105,000 for a corporation and $21,000 for an individual, in addition to potential imprisonment. Furthermore, CASA can take enforcement actions such as grounding the aircraft or suspending or revoking an airworthiness certificate, further emphasising the importance of adhering to ADs for maintaining aviation safety.
In summary, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety and airworthiness of aircraft. They mandate specific roles and responsibilities for States of Design and States of Registry, and empower CASA to issue ADs to address safety concerns. Compliance with these regulations is crucial, as failure to adhere to ADs can lead to substantial penalties and enforcement actions.