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/13 affecting all Twin Aero Commander aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/13. The cancellation will become effective on 31 July 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 establish a framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations in the interest of aviation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to ensure the continuing airworthiness of aircraft, reflecting Australia's commitment to international standards set forth in the Convention on International Civil Aviation. The enactment of these regulations addresses the need for coordinated, authoritative action in maintaining the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) which are critical for ensuring the continuing airworthiness of aircraft in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. The application of these directives extends to all aircraft registered in Australia, including those manufactured domestically and those imported from overseas, thereby affecting aircraft owners, operators, and maintenance service providers within the country. These regulations are designed to align with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design holds responsibility for an aircraft type's continuing airworthiness, while the State of Registry, in this case CASA, ensures compliance with local regulations. The ADs, being legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. Although these regulations are comprehensive, they do not typically require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, lays down the framework for ensuring the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, and 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 legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to ensure that aircraft remain airworthy. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of individual aircraft, by developing or adopting appropriate requirements. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA has issued and subsequently cancelled Australian AD/AC/13, which applied to all Twin Aero Commander aircraft models. This cancellation was made because the unsafe condition that prompted the AD no longer exists, and it took effect on 31 July 2008. No replacement AD is required as the condition no longer poses a risk. Since this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was authorised by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Branch, under subsection 84A(2) of the Act. This process ensures that CASA’s actions are in line with legislative requirements and international obligations, thereby maintaining the high safety standards expected in civil aviation.