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/41 affecting Twin Aero Commander 680W aircraft model. CASA has assessed this AD and as a result has cancelled Australian AD/AC/41. 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 Commonwealth Parliament, was introduced to ensure the safety and efficiency of air navigation in Australia. This Act provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate, particularly concerning the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for types of aircraft or aeronautical products, ensuring compliance with international standards set by the Convention on International Civil Aviation. The policy objective of this legislation is to maintain the highest safety standards in civil aviation, in line with international obligations and domestic requirements. The Civil Aviation Safety Regulations 1998 were amended to reflect Australia’s commitments under Annex 8 of the Convention, which mandates that States of Design provide necessary information to ensure continuing airworthiness of aircraft types. Consequently, CASA assesses these international directives and may issue corresponding ADs for aircraft registered in Australia, ensuring that the unsafe conditions identified are addressed effectively.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to issue regulations for air navigation safety, with a specific focus on the issuance of airworthiness directives (ADs) as per regulation 39.001. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is the national airworthiness authority responsible for assessing ADs issued by the State of Design and, where necessary, issuing Australian ADs to ensure compliance with safety standards. In this instance, CASA has cancelled Australian AD/AC/41 for Twin Aero Commander 680W aircraft, effective 31 July 2008, due to the resolution of the unsafe condition that originally prompted its issuance. This action aligns with Australia's international obligations under the Convention on International Civil Aviation and has been executed without public consultation or the requirement of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically concerning the issuance of airworthiness directives (ADs), are detailed in regulation 39.001. According to this regulation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for particular types of aircraft or aeronautical products (Civil Aviation Safety Regulations 1998, 39.001). This regulatory power is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of air navigation safety (Civil Aviation Act 1988, 98). It is important to note that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, a legislative instrument as per section 6 of the Legislative Instruments Act 2003 (Civil Aviation Safety Regulations 1998, 39.001(5)).
The obligations imposed by the Act on the parties and entities it governs primarily revolve around the maintenance and safety of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure its airworthiness to the States of Registry (Annex 8, Convention on International Civil Aviation). The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft. This includes developing or adopting requirements to ensure the aircraft's airworthiness (Annex 8, Convention on International Civil Aviation). When the State of Design issues an AD for an aircraft type on the Australian Register, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design (Civil Aviation Safety Regulations 1998, 39.001).
The legislation also outlines the consequences for non-compliance with the ADs. While specific penalties for breaching ADs are not detailed in the provided text, it is implicit that failure to comply with ADs could result in significant safety risks, potentially leading to civil or criminal liabilities under broader aviation safety laws. The Civil Aviation Act 1988 and associated regulations are designed to ensure that aircraft meet stringent safety standards, and any failure to adhere to these could result in severe penalties, including fines and imprisonment, as stipulated under other sections of the Act.
In the particular case of the Twin Aero Commander 680W aircraft model, CASA issued and subsequently cancelled AD/AC/41. This cancellation took place because the unsafe condition previously identified no longer exists, and therefore no replacement AD is required (Civil Aviation Safety Regulations 1998, 39.001). The cancellation became effective on 31 July 2008. This action aligns with Australia’s obligations under the Convention on International Civil Aviation and the legislative framework governing ADs. It is worth noting that no consultation with the Australian public was necessary for this cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement (Civil Aviation Safety Regulations 1998, 39.001). The AD was 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 (Civil Aviation Act 1988, 84A(2)).