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-5/15 affecting Gulfstream AA-5A and AA-5B model aircraft. CASA has assessed this AD and as a result has cancelled AD/AA-5/15. 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, enacted by the Commonwealth Parliament, was introduced to provide a comprehensive framework for the regulation of civil aviation in Australia. It serves to ensure the safety and efficiency of civil aviation activities and to maintain a robust regulatory environment that aligns with international standards. The Act allows the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for assessing and issuing ADs as necessary to comply with the Convention on International Civil Aviation. The cancellation of a specific AD, such as AD/AA-5/15 affecting Gulfstream AA-5A and AA-5B model aircraft, reflects Australia's commitment to international standards and obligations, ensuring that unsafe conditions are addressed promptly and effectively. The cancellation process adheres to the legislative framework outlined in the Act and is executed by CASA without the need for public consultation, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, and it grants the authority to 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) has the power to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These ADs are crucial for ensuring the continuing airworthiness of aircraft types and are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. The AD/AA-5/15, issued by CASA and affecting Gulfstream AA-5A and AA-5B model aircraft, has been assessed and subsequently cancelled due to the resolution of the unsafe condition, with the cancellation taking effect on 4 June 2009.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legislative framework under which airworthiness directives (ADs) are issued. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of these Regulations further defines an AD as a disallowable instrument under the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument.
The obligations imposed by the Act and the Regulations primarily fall on CASA, which must issue ADs when required by the State of Design of an aircraft type. According to Annex 8 of the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. Consequently, CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. The State of Registry, in this case CASA, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia.
Failure to comply with an AD can lead to serious consequences. Although the specific offences, penalties, and consequences for breach are not detailed in the provided text, it is known that non-compliance with safety regulations can result in civil or criminal penalties. These may include fines, suspension of aircraft certificates, or even imprisonment, depending on the severity of the breach and the specific regulations involved. The text notes that the AD in question has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, indicating a resolution of the unsafe condition that originally warranted the AD.