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-112/11 affecting Gulfstream (Rockwell) 112 series aeroplanes models 112, 112TC and 112TCA. CASA has assessed this AD and as a result has cancelled Australian AD/AC-112/11. 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 establish a comprehensive legal framework for civil aviation in Australia, addressing the need for a coordinated and safety-focused approach to the regulation of civil aviation. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing operational and safety requirements. One of the key mechanisms within these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments used to mandate the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) issues these ADs in accordance with Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its international obligations. In a specific instance, CASA has cancelled an AD concerning Gulfstream (Rockwell) 112 series aeroplanes, effective 28 August 2008, due to the resolution of the unsafe condition identified. The cancellation was carried out under the authority of the Act, without public consultation or a Regulatory Impact Statement, as deemed appropriate under the legislative requirements.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative instrument is applicable to the types of aircraft and aeronautical products specified under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and the ADs themselves are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are a mechanism for ensuring continuing airworthiness, which is the responsibility of the State of Design for the aircraft type and the State of Registry for individual aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority for Australia, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements. The issuance, amendment, or cancellation of ADs is guided by the obligations under the Convention on International Civil Aviation, and the process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, empower the Governor-General to issue regulations for the safety of air navigation and permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901. The ADs are crucial in ensuring the continuing airworthiness of aircraft and are issued by most ICAO Contracting States. In the case of Australia, CASA, acting as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to comply with the requirements set by the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to the appropriate States of Registry. The State of Registry, in this case, CASA, has to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within Australia. When a State of Design issues an AD, CASA must assess this information and issue an Australian AD if appropriate. This ensures that the safety standards are met and maintained in accordance with international obligations under the Convention on International Civil Aviation.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the ADs or regulations. However, failure to comply with the ADs could potentially lead to safety issues, resulting in CASA taking enforcement actions against the non-compliant parties. The AD/AC-112/11 for Gulfstream (Rockwell) 112 series aeroplanes has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, and as such, 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 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.