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/35 affecting Twin Aero Commander model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/AC/35. 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 ensure the safety of air navigation within Australia, providing the legislative framework for the regulation of civil aviation in the country. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, which are made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance with safety standards and are essential for maintaining the continuing airworthiness of aircraft. The ADs issued by CASA are typically in response to safety concerns identified by the State of Design or other Contracting States under Annex 8 to the Convention on International Civil Aviation. The AD/AC/35, which previously affected Twin Aero Commander model aircraft, has been cancelled by CASA due to the resolution of the unsafe condition it was intended to address, reflecting Australia's commitment to international safety standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs concerning specific kinds of aircraft or aeronautical products to ensure compliance with airworthiness standards. The authority to issue ADs is grounded in section 98 of the Civil Aviation Act 1988, allowing the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enables CASA to issue these directives. The scope of application of these directives extends to all entities involved in the operation, maintenance, and manufacture of the specified aircraft or aeronautical products within Australia, ensuring that the continuing airworthiness of these items is maintained according to international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This framework mandates that the State of Registry, including CASA, ensures the safety and compliance of aircraft registered within Australia, by issuing and enforcing ADs as necessary.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to make regulations that align with the Act's purpose of ensuring the safety of air navigation. In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 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, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are regulated under the Legislative Instruments Act 2003.
The obligations imposed by these provisions on parties such as CASA, States of Design, and States of Registry are significant. The State of Design must take primary responsibility for the continuing airworthiness of an aircraft type, ensuring that all necessary information is provided to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess the information from the State of Design and issue appropriate ADs if necessary.
Failure to comply with these regulations can result in serious consequences. Under the Civil Aviation Act 1988, there are both civil and criminal penalties for non-compliance with ADs. The specific penalties can vary, but they may include fines and imprisonment for serious breaches. Additionally, the Civil Aviation Safety Regulations 1998 stipulate penalties for non-compliance with ADs, which can include fines and other civil penalties. The severity of these penalties underscores the importance of adhering to the regulatory requirements aimed at ensuring the safety of air navigation.
An example of the application of these provisions is seen in the issuance and subsequent cancellation of Australian AD/AC/35 for Twin Aero Commander model aircraft. CASA assessed the information provided by the State of Design and determined that the unsafe condition that prompted the AD no longer existed. Consequently, CASA cancelled AD/AC/35, effective from 31 July 2008, without the need for a replacement AD. This action was taken in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation was required as per the determination of the Office of Best Practice Regulation that ADs do not necessitate a Regulatory Impact Statement.
The AD was made by the Manager, Systems and New Technologies, within the Airworthiness Engineering Branch at CASA, in line with subsection 84A(2) of the Civil Aviation Act 1988. This demonstrates the procedural framework within which CASA operates to ensure the continuing airworthiness of aircraft and the safety of air navigation.