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/20 affecting all Twin Aero Commander aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/20. 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, 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 Australian Parliament, aims to regulate the safety of civil aviation in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which includes provisions for issuing airworthiness directives (ADs) to maintain the safety standards of aircraft. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 also mandate that ADs are subject to disallowance under the Acts Interpretation Act 1901 and are considered legislative instruments. The policy objective behind these regulations is to align Australia's civil aviation safety practices with international standards, particularly under the Convention on International Civil Aviation, ensuring that the continuing airworthiness of aircraft is maintained according to the responsibilities of both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These directives are designed to ensure the safety of air navigation and are issued by CASA in response to international standards and obligations, particularly under Annex 8 to the Convention on International Civil Aviation. As the national airworthiness authority, CASA is responsible for assessing information from the State of Design and issuing Australian ADs to mandate necessary requirements for aircraft on the Australian Register. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and their issuance reflects Australia’s commitment to international safety standards. The State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must also develop or adopt requirements to ensure the aircraft meet these standards. In the case of Twin Aero Commander aircraft models, CASA issued and subsequently cancelled Australian AD/AC/20, effective from 31 July 2008, as the unsafe condition that prompted the directive no longer exists. This action was taken in line with Australia’s obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's objectives, particularly concerning air navigation safety. One such 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. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The State of Design, according to Annex 8 of the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide any necessary information to the appropriate State of Registry. The State of Registry, on the other hand, is accountable for ensuring the ongoing airworthiness of individual aircraft. In practice, when the State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
In a specific case, CASA issued AD/AC/20, which affected all Twin Aero Commander aircraft models. After assessment, CASA decided to cancel this AD, a decision that will take effect on 31 July 2008. The cancellation was due to the resolution of the unsafe condition that initially warranted the AD. Consequently, no replacement AD is necessary. Given that this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public on this matter. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
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. This procedural detail underscores CASA’s commitment to following legislative requirements and ensuring compliance with international aviation standards. In summary, the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, along with international obligations, governs the issuance and cancellation of airworthiness directives in Australia.