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-112/10 affecting all models of Gulfstream (Rockwell) 112 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-112/10. 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, Systems and New Technologies, 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 regulate civil aviation in Australia and ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations to promote safety in air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments subject to disallowance and review as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The objective of these regulations is to align with international standards set by the International Civil Aviation Organization (ICAO), particularly concerning the continuing airworthiness of aircraft types and their maintenance by the States of Design and Registry. CASA has the responsibility to assess international ADs and issue corresponding Australian ADs as necessary, or to cancel them if the unsafe conditions are resolved, as demonstrated in the case of the Gulfstream (Rockwell) 112 series aeroplanes.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) that are fundamental to ensuring the safety of air navigation in Australia. Under the authority granted by the Act, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to mandate compliance with airworthiness requirements. These directives apply to entities such as aircraft manufacturers, operators, and maintenance providers, and cover conduct and transactions related to the maintenance and operation of aircraft on the Australian Register. Geographically, these regulations have a national reach, extending to all aircraft registered in Australia, irrespective of their location or the location of their State of Design. Although ADs are legislative instruments and can be subject to disallowance, they do not typically require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This particular AD, which affected all models of Gulfstream (Rockwell) 112 series aeroplanes, was cancelled due to Australia’s obligations under the Convention on International Civil Aviation, reflecting the global nature of airworthiness standards and the shared responsibility of States of Design and Registry in maintaining these standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to make regulations necessary for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus it qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under the Act require CASA to assess information provided by the State of Design, which has the overarching responsibility for the continuing airworthiness of a particular aircraft type as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure the aircraft's ongoing airworthiness by implementing requirements either developed or adopted to this end. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD that mandates the requirements of the State of Design.
The Act also imposes specific responsibilities on CASA regarding the issuance and cancellation of ADs. CASA has issued and subsequently cancelled AD/AC-112/10 affecting all models of Gulfstream (Rockwell) 112 series aeroplanes. This cancellation, effective from 28 August 2008, was made because the unsafe condition that originally prompted the AD no longer exists. It is noteworthy that no public consultation was conducted on this cancellation due to Australia's obligations under the Convention on International Civil Aviation, and no Regulatory Impact Statement was required.
Any breaches of the ADs or failure to comply with CASA's regulations may result in civil or criminal consequences. The specific penalties for non-compliance are not detailed in the provided text, but under Australian law, breaches of aviation safety regulations can lead to fines, imprisonment, or both, depending on the severity of the infraction and the specific provisions of the applicable legislation.