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-112/5 Amendment 1 affecting Gulfstream (Rockwell) 112 series aeroplanes, models 112 and 112TC. CASA has assessed this AD and as a result has cancelled Australian AD/AC-112/5 Amendment 1. 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs serve as a crucial means of maintaining the continuing airworthiness of aircraft, in accordance with international obligations under the Convention on International Civil Aviation. The Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, issued a cancellation of an airworthiness directive affecting Gulfstream (Rockwell) 112 series aeroplanes, models 112 and 112TC, as the unsafe condition no longer exists, and no replacement AD is required. This action was taken in accordance with the authority vested in CASA under subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft and aeronautical products to ensure the safety of air navigation. These directives, considered legislative instruments under section 46A of the Acts Interpretation Act 1901, are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. Specifically, CASA, as Australia’s national airworthiness authority, is responsible for assessing ADs issued by the State of Design and, where appropriate, issuing corresponding Australian ADs. The AD/AC-112/5 Amendment 1, which pertained to Gulfstream (Rockwell) 112 series aeroplanes, models 112 and 112TC, was issued and subsequently cancelled by CASA on 28 August 2008 due to the resolution of the unsafe condition it addressed. The cancellation process adhered to Australia’s obligations under international aviation agreements, and as such, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are formal instruments used to communicate safety requirements and must be assessed and potentially adopted by CASA when issued by the State of Design, in accordance with Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations primarily rest on CASA as the national airworthiness authority. CASA must assess any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must also develop or adopt requirements to maintain the safety of those aircraft in line with international standards. Additionally, CASA is required to monitor and manage the airworthiness of aircraft registered in Australia, ensuring that any safety issues are promptly addressed through appropriate regulatory action.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. While the specific offences and penalties are not detailed within the provided text, it is clear that non-compliance with airworthiness directives or failure to maintain the airworthiness of aircraft could lead to civil or criminal penalties. The exact nature and severity of these penalties would typically be determined by the courts based on the circumstances of each case. However, it is evident that the regulations are designed to enforce strict safety standards to protect the public and ensure the integrity of the aviation industry.
The process for issuing and cancelling ADs is also clearly defined in the legislation. For example, CASA has the authority to cancel an AD if the unsafe condition it was intended to address no longer exists. In this particular case, Australian AD/AC-112/5 Amendment 1 for Gulfstream (Rockwell) 112 series aeroplanes was cancelled on 28 August 2008 because the unsafe condition had been resolved, and no replacement AD was required. This action underscores CASA's commitment to ensuring that airworthiness directives remain relevant and effective in maintaining safety standards.