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-5/21 affecting Gulfstream AA-5 model aircraft. CASA has assessed this AD and as a result has cancelled AD/AA-5/21. 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, Airframe and Structures, 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 provide for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and related activities. Under this Act, the Governor-General has the authority to create regulations that serve the interests of aviation safety, as seen in the creation of the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments used to mandate safety standards for aircraft and aeronautical products. In accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, CASA is responsible for assessing and issuing airworthiness directives for aircraft registered in Australia, ensuring they meet the continuing airworthiness requirements. In the specific case of AD/AA-5/21 affecting Gulfstream AA-5 model aircraft, CASA has cancelled the directive as the unsafe condition it addressed no longer exists, and no further action is required under Australian obligations. This decision was made in line with the legislative framework and without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives apply to specific types of aircraft or aeronautical products and are essential for maintaining the continuing airworthiness of aircraft. CASA, acting as Australia’s national airworthiness authority, is mandated to issue such directives when necessary, particularly in response to information provided by the State of Design of an aircraft type, in line with international obligations under the Convention on International Civil Aviation. The scope of these directives extends to all aircraft registered within Australia, and they are crucial in ensuring that these aircraft meet the requisite safety standards. The issuance and cancellation of ADs are legislative instruments governed by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Notably, the AD/AA-5/21 concerning Gulfstream AA-5 model aircraft, issued by CASA, was subsequently cancelled due to the resolution of the unsafe condition, demonstrating the dynamic nature of airworthiness regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act (1), the Governor-General has the authority to make regulations that serve the safety interests of air navigation. Regulation 39.001 of the Regulations (2) grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) (3) clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 (4), and thus, an AD is classified as a legislative instrument as per section 6 of the Legislative Instruments Act 2003 (5).
The obligations imposed by these provisions primarily rest on CASA and the States of Design and Registry. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the safety of the aircraft to the appropriate State of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of aircraft within its jurisdiction. In the context of Australia, when a State of Design issues an AD, CASA must assess this information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 also outline the consequences for breaches of its provisions. While specific penalties are not detailed in the text, breaches of these regulations can lead to civil or criminal consequences. For instance, section 84A of the Civil Aviation Act 1988 (6) provides for penalties for non-compliance, which can include fines or imprisonment, depending on the severity of the breach. These provisions underscore the importance of adhering to airworthiness directives to maintain the safety standards required by the Convention on International Civil Aviation.