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-112/9 affecting all models of Gulfstream (Rockwell) 112 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-112/9. 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 legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations under section 98, which are essential for maintaining the safety of air navigation. In line with these provisions, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate specific requirements for types of aircraft or aeronautical products. These ADs are integral to the continuing airworthiness of aircraft, aligning with obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design with the responsibility for continuing airworthiness. CASA, as Australia’s national airworthiness authority, assesses and, if necessary, issues Australian ADs to enforce these requirements, ensuring compliance with international standards and safeguarding public safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments aimed at ensuring the safety of air navigation. The ADs apply to specific kinds of aircraft or aeronautical products, with CASA mandated to assess and potentially mandate the requirements of foreign ADs for aircraft registered in Australia. These directives are crucial for maintaining the continuing airworthiness of aircraft types, with the State of Design having the primary responsibility for ensuring airworthiness and the State of Registry tasked with ensuring that individual aircraft meet safety standards. CASA’s role is to ensure compliance with these standards by either adopting or issuing new ADs as needed. The application of these regulations is comprehensive, covering all aircraft and aeronautical products within Australia's jurisdiction, and extends to ensuring international standards are met, particularly under the Convention on International Civil Aviation. The ADs do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the specific obligations of the regulatory framework.
Key Provisions
The Civil Aviation Act 1988 provides the overarching framework for civil aviation in Australia, with the Governor-General empowered under section 98 to issue regulations for the Act's purposes, particularly to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of the Regulations further clarifies that these ADs are considered disallowable instruments, thus being subject to legislative scrutiny, and they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and its Regulations are significant, especially for entities involved in the operation and maintenance of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design retains the primary responsibility for the continuing airworthiness of an aircraft type, mandating the provision of necessary information to States of Registry to ensure safety standards. In Australia, CASA, as the national airworthiness authority, is tasked with assessing any ADs issued by the State of Design and, if appropriate, issuing corresponding Australian ADs to enforce these requirements. This ensures that Australian-registered aircraft meet international safety standards.
Breaching the obligations outlined in the ADs can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with ADs can result in civil and criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment, reflecting the seriousness with which the Act treats non-compliance. The specifics of these penalties are determined by the severity of the breach and the potential risk to public safety.
In this particular instance, AD/AC-112/9, which affected all models of Gulfstream (Rockwell) 112 series aeroplanes, was cancelled by CASA. The cancellation was based on Australia’s obligations under the Convention on International Civil Aviation and became effective on 28 August 2008. No replacement AD was required as the unsafe condition no longer existed. The process of cancellation was internal and did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.