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/26 affecting all Twin Aero Commander aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/26. 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 was enacted to provide a legislative framework for civil aviation in Australia, focusing on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations, including those for airworthiness, to uphold these safety standards. Complementing this, the Civil Aviation Safety Regulations 1998 further define the mechanisms by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to maintain and ensure the continuing airworthiness of aircraft types and aeronautical products. These directives serve as a legislative instrument under the Acts Interpretation Act 1901 and are crucial for complying with international standards set by the Convention on International Civil Aviation. The policy objective of these regulations is to align Australia’s civil aviation safety practices with international norms while ensuring the safety and airworthiness of aircraft operating within Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) to ensure the safety of air navigation, particularly focusing on the continuing airworthiness of aircraft types and aeronautical products. Under section 98 of the Act, the Governor-General is empowered to make regulations that align with the Act's safety objectives. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, and these directives are classified as disallowable instruments under the Acts Interpretation Act 1901. The issuance of ADs aligns with international standards set by Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry, including Australia. Consequently, CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs when necessary. The AD/AC/26 concerning Twin Aero Commander aircraft models, previously issued by CASA, has been cancelled effective 31 July 2008, as the unsafe condition it addressed no longer exists, thus eliminating the need for consultation or a Regulatory Impact Statement. The AD was cancelled in accordance with the Convention's obligations and was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch on behalf of CASA.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 (CASR) concerning the issuance of airworthiness directives (ADs) are section 98 of the Act and regulation 39.001 of the CASR. Under section 98, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the CASR provides the authority for the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the CASR on the parties or entities they govern are multifaceted. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the ongoing airworthiness to appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This regulatory process ensures that any safety concerns identified by the State of Design are addressed within Australia’s aviation safety framework.
The consequences for breaching the provisions of the Civil Aviation Act 1988 and the CASR are significant. If any party fails to comply with an issued AD, it may face stringent penalties. These penalties could include fines and imprisonment, depending on the severity of the breach. The maximum penalties for such offences are prescribed by the relevant sections of the Act and the CASR, reflecting the critical importance of adhering to airworthiness directives to maintain the safety of air navigation. Non-compliance not only endangers the safety of passengers and crew but also undermines the overarching goal of ensuring the continuing airworthiness of aircraft.