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/29 Amendment 2 affecting all Twin Aero Commander aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/29 Amendment 2. 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 provide a comprehensive legal framework for civil aviation in Australia, with a strong focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to make regulations that serve the interests of safety in air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Registry under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the obligation to assess information from the State of Design and, where necessary, issue corresponding Australian ADs to ensure compliance with international standards. This regulatory process ensures that Australian aircraft meet the required safety standards, thereby safeguarding public safety in air travel.
Scope and Application
The Civil Aviation Act 1988 applies to any persons or entities involved in the operation of aircraft within Australia, including but not limited to aircraft manufacturers, operators, and maintenance providers. The Act provides the legal framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Pursuant to the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific actions to ensure the safety of aircraft. The ADs are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, must issue Australian ADs to implement the requirements of foreign ADs when they affect aircraft registered in Australia. The ADs are issued without public consultation as they do not require a Regulatory Impact Statement according to the Office of Best Practice Regulation. This legislative process ensures that the ADs are issued efficiently to maintain the safety standards in the aviation industry.
Key Provisions
The Civil Aviation Act 1988 provides the legislative foundation for the regulation of civil aviation in Australia, with section 98 specifically empowering the Governor-General to make regulations for the safety of air navigation (section 98). Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and must be registered under the Legislative Instruments Act 2003.
The obligations imposed by these ADs are significant. The State of Design, which is the country where an aircraft type is designed, bears the primary responsibility for the continuing airworthiness of that aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. This includes providing any necessary information to ensure the continuing airworthiness of the aircraft type to States of Registry. Conversely, the State of Registry, in this case Australia, has the obligation to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if appropriate, issue a corresponding Australian AD to enforce the requirements set by the State of Design.
Breaching the requirements of an airworthiness directive can lead to severe consequences. Non-compliance with an AD can result in the grounding of the affected aircraft, which can have significant implications for both commercial and private aviation operations. Additionally, CASA has the authority to impose penalties for non-compliance, which can include fines and other sanctions. While the Civil Aviation Act 1988 and associated regulations do not specify maximum penalties for AD non-compliance, CASA can enforce compliance through various means, including audits and inspections. Failure to adhere to these directives can compromise the safety of air navigation and may lead to criminal charges in more severe cases of negligence or wilful disregard of safety requirements.