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-112/8 Amendment 1 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-112/8 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, 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation within Australia, with a primary focus on ensuring the safety and efficiency of air navigation. One of the mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments designed to mandate specific requirements for the continuing airworthiness of aircraft types registered in Australia. The Civil Aviation Safety Authority (CASA), acting on behalf of the Minister for Infrastructure and Transport, issues these directives to comply with international obligations under the Convention on International Civil Aviation, ensuring that Australian-registered aircraft meet the necessary safety standards. The policy objective underpinning these regulations is to maintain high safety standards in the aviation industry, thereby protecting the public and ensuring the integrity of air navigation systems.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Act applies to the regulation of civil aviation within Australia, impacting aircraft operators, manufacturers, and other relevant entities that engage in activities within the Australian airspace. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The geographic reach of the Act and its regulations is national, as CASA, as Australia’s national airworthiness authority, assesses and issues ADs in accordance with international obligations under the Convention on International Civil Aviation. The State of Registry of an aircraft within Australia must ensure the continuing airworthiness of the aircraft, guided by the ADs issued by CASA. The cancellation of an AD, such as Australian AD/AC-112/8 Amendment 1 for Gulfstream (Rockwell) 112 series aeroplanes, is informed by international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are issued to ensure the continuing airworthiness of the aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make such regulations for the safety of air navigation. Regulation 39.001(5) further clarifies that ADs are considered disallowable instruments, thus making them legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed on parties by the Act and the regulations include a responsibility for the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, which must be assessed and potentially mandated by the State of Registry, in this case, CASA. CASA is mandated to review ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. For instance, the AD/AC-112/8 Amendment 1 for Gulfstream (Rockwell) 112 series aeroplanes has been assessed and subsequently cancelled by CASA due to the resolution of the unsafe condition identified.
There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breaches of the ADs. However, the non-compliance with ADs could potentially lead to safety issues, which may result in regulatory action against the aircraft operator, including fines or grounding of the aircraft. The authority to issue ADs and the subsequent responsibilities of CASA are firmly established within the legislative framework, ensuring that safety measures are effectively communicated and enforced.