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-112/12 affecting all models of Gulfstream (Rockwell) 112 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-112/12. 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 legislative framework for civil aviation in Australia, focusing primarily on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations, including those that pertain to airworthiness directives, as stipulated under section 98. These directives are integral in maintaining the safety standards for aircraft and aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective of this Act, as well as its associated regulations, is to align with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which underscores the responsibility of the State of Design and the State of Registry in ensuring continuing airworthiness of aircraft types.
The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, issues these directives to mandate safety requirements. In the specific case of Gulfstream (Rockwell) 112 series aeroplanes, CASA assessed and subsequently cancelled the Australian airworthiness directive AD/AC-112/12 due to the resolution of the unsafe condition, demonstrating the dynamic nature of airworthiness regulations in response to international obligations and safety assessments.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together facilitate the regulation of airworthiness directives (ADs) for aircraft and aeronautical products within Australia. Under these provisions, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products to ensure compliance with safety standards. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are implemented in accordance with the Legislative Instruments Act 2003. The scope of the Act and Regulations extends to all aircraft registered in Australia, and they apply to entities such as aircraft manufacturers, operators, and maintenance service providers. Internationally, the State of Design and the State of Registry of an aircraft have responsibilities under Annex 8 of the Convention on International Civil Aviation to ensure the continuing airworthiness of aircraft types, with CASA acting as Australia's national airworthiness authority. The application of these regulations is not subject to specific geographic limitations within Australia, as CASA's authority is national in scope. While the ADs themselves do not require public consultation or a Regulatory Impact Statement, they are integral to maintaining safety standards in the aviation industry.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation. One of the key regulations is found in section 39.001 of the Civil Aviation Safety Regulations 1998, which grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the requirement for CASA to assess and, if appropriate, issue Australian ADs when a State of Design issues an AD for a type of aircraft on the Australian Register. This is to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which places the overall responsibility for an aircraft type's continuing airworthiness on the State of Design. The State of Registry, in this case, Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft.
In this particular instance, CASA has cancelled Australian AD/AC-112/12, which affected all models of Gulfstream (Rockwell) 112 series aeroplanes, because the unsafe condition that originally prompted the AD no longer exists. The cancellation of this AD is due to Australia’s obligations under the Convention on International Civil Aviation, and thus, no consultation with the Australian public has taken place regarding this cancellation. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
There are no specified offences, penalties, or civil/criminal consequences for breach of ADs in the provided text. However, non-compliance with ADs could potentially lead to significant safety risks and legal repercussions, including the grounding of aircraft and enforcement actions by CASA. The maximum penalties for breaches of airworthiness regulations can include fines and imprisonment, depending on the severity of the violation.