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-100/11 affecting all models of S.L. Industries Commander 100 and Volair 10 series aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/AC-100/11. The cancellation will become effective on 28 August 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 was enacted to provide a legal framework for ensuring the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation in this sector. The Act empowers the Governor-General to create regulations that safeguard air navigation, with a specific focus on the safety of aircraft. As part of this legislative framework, the Civil Aviation Safety Regulations 1998 were introduced to further delineate the procedures and standards for maintaining aircraft airworthiness. The Civil Aviation Safety Authority (CASA) is mandated under these regulations to issue airworthiness directives, which serve as legislative instruments designed to address safety concerns and ensure compliance with international standards. These directives are critical in maintaining the continuing airworthiness of aircraft and align with obligations under international conventions such as the Convention on International Civil Aviation. The legislative process for these directives is overseen by CASA, ensuring that Australian standards and practices are consistent with global safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility for issuing ADs. In Australia, CASA, as the national airworthiness authority, is tasked with assessing these ADs and, when necessary, issuing corresponding Australian ADs to enforce the requirements. ADs are legislative instruments that must be assessed and, if appropriate, cancelled when the unsafe condition they address is resolved. The cancellation of AD/AC-100/11 for S.L. Industries Commander 100 and Volair 10 series aircraft by CASA exemplifies this process, reflecting Australia's commitment to international safety standards without the need for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This legislative framework allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as defined in subregulation 39.001(5), is a legislative instrument that is disallowable under section 46A of the Acts Interpretation Act 1901. Consequently, it falls under the purview of the Legislative Instruments Act 2003 (section 6).
Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the overarching responsibility for the continuing airworthiness of an aircraft type. This entails providing any necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. ADs serve as a prevalent form of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry, for its part, is tasked with the responsibility of ensuring the continuing airworthiness of an individual aircraft. This obligation includes developing or adopting requisite measures to maintain airworthiness. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
In a specific case, CASA had issued AD/AC-100/11 for all models of S.L. Industries Commander 100 and Volair 10 series aircraft. Following an assessment, CASA cancelled Australian AD/AC-100/11, which took effect on 28 August 2008. The cancellation occurred due to Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD was required as the unsafe condition no longer existed. Notably, this cancellation did not necessitate consultation with the Australian public, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
The Civil Aviation Safety Regulations 1998 impose specific obligations on parties involved in the issuance and enforcement of ADs. CASA, as Australia’s national airworthiness authority, must rigorously assess any ADs issued by States of Design and determine if they need to issue corresponding Australian ADs. When an Australian AD is issued, it mandates compliance with the safety requirements outlined in the directive. Failure to comply with these requirements can result in serious consequences, including potential criminal charges and penalties. For example, under section 32 of the Civil Aviation Act 1988, an individual can face imprisonment for up to two years or a fine not exceeding 200 penalty units, or both, for non-compliance with an AD. Furthermore, under section 139 of the Act, CASA can issue a notice requiring compliance with an AD, and failure to comply with such a notice can result in additional penalties, including fines.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for the issuance and enforcement of ADs, aimed at maintaining the safety and airworthiness of aircraft. The obligations imposed on CASA and other relevant parties are crucial for ensuring that aircraft meet the necessary safety standards, and the penalties for non-compliance underscore the seriousness of these obligations.