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/AC/1 affecting Twin Aero Commander 520 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/AC/1. The cancellation will become effective on 31 July 2008. 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These regulations empower CASA to ensure the safety and airworthiness of aircraft operating in Australia, in line with international standards set by the Convention on International Civil Aviation. The ADs serve as a critical tool in maintaining the safety of aircraft by mandating necessary safety measures and rectifying identified issues. This legislation was enacted to address the need for a robust regulatory framework to govern the safety and maintenance of aircraft, ensuring they meet the required safety standards. CASA, acting under the authority of the Governor-General, issues these directives to uphold the safety of air navigation, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are managed in accordance with the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework ensures that the continuing airworthiness of aircraft is maintained in line with safety standards and international obligations. ADs serve as a key mechanism for disseminating continuing airworthiness information as stipulated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs to enforce the requirements set forth by the State of Design. The application of ADs is critical for ensuring that all aircraft registered in Australia meet the necessary safety standards, reflecting Australia’s commitment to international aviation safety protocols. The ADs are legislative instruments under the Acts Interpretation Act 1901, and any ADs issued by CASA are subject to disallowance and oversight as per the Legislative Instruments Act 2003.
Key Provisions
The key provisions of this piece of legislation pertain to the issuance and cancellation of airworthiness directives (ADs) under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products (subsection 39.001(5)). These ADs serve as legislative instruments under the Legislative Instruments Act 2003. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia.
The obligations imposed by this legislation on parties and entities include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is responsible for assessing this information and, if appropriate, issuing an Australian AD to mandate the requirements of the State of Design. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft. In the case of the Twin Aero Commander 520 model aircraft, CASA issued AD/AC/1, which has now been cancelled due to Australia's obligations under the Convention on International Civil Aviation.
The consequences of breach or non-compliance with the provisions of this legislation are not explicitly stated in the text. However, failure to comply with ADs could result in potential safety risks for aircraft operations. The maximum penalties for breaches of airworthiness regulations are set out in the Civil Aviation Act 1988 and Civil Aviation Regulations 1988. In addition, CASA may take enforcement action against non-compliance, including the issuance of fines, suspension or revocation of airworthiness certificates, and prosecution for criminal offences.
It is important to note that the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and as this AD has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The AD has been made by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.