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/61 Amendment 1 affecting Twin Aero Commander 500 and 600 series aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/61 Amendment 1. 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 establish a legislative framework ensuring the safety and efficiency of civil aviation in Australia. This Act, together with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. The ADs serve as a crucial tool in fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design must provide necessary information for the continuing airworthiness of aircraft types, and that the State of Registry must ensure the airworthiness of individual aircraft registered within its territory. In line with these international standards, CASA issued and subsequently cancelled AD/AC/61 Amendment 1, which pertained to Twin Aero Commander 500 and 600 series aircraft models. The cancellation of this AD, which will become effective on 31 July 2008, was a result of the resolution of the unsafe condition identified. As this cancellation aligns with Australia's international obligations and has been determined not to require a Regulatory Impact Statement, no public consultation or further legislative scrutiny was deemed necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance under section 46A. The Civil Aviation Act 1988 grants CASA the authority to issue such directives in the interests of safety of air navigation, as per section 98. ADs serve as the primary means of ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing the primary responsibility for issuing ADs and the State of Registry ensuring compliance. CASA, acting as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. In the case of Twin Aero Commander 500 and 600 series aircraft models, CASA issued and subsequently cancelled Australian AD/AC/61 Amendment 1, effective from 31 July 2008, due to the resolution of the previously identified unsafe condition, thereby negating the need for public consultation or a Regulatory Impact Statement. The AD cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and 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.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a regulatory framework for airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. This regulatory authority ensures that aircraft maintain their airworthiness, aligning with the overarching international standards set by Annex 8 to the Convention on International Civil Aviation.
These regulations impose several obligations on CASA and other relevant parties. CASA is tasked with the responsibility of assessing ADs issued by the State of Design and determining whether to issue corresponding Australian ADs. The State of Design, typically the country where the aircraft is designed, must provide necessary information to ensure the continuing airworthiness of the aircraft type. Meanwhile, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its registry. These obligations ensure a coordinated approach to maintaining the safety and airworthiness of aircraft operating within Australian jurisdiction.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various legal consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that failure to comply with ADs or to maintain airworthiness standards can have serious implications. Non-compliance can potentially lead to civil or criminal penalties, depending on the severity of the breach. Given the critical nature of aviation safety, regulatory enforcement is rigorous to prevent any compromise in the safety of air navigation.
CASA's role in issuing, assessing, and cancelling ADs is pivotal. For instance, CASA issued AD/AC/61 Amendment 1 for Twin Aero Commander 500 and 600 series aircraft models, but subsequently cancelled it on 31 July 2008 due to the unsafe condition no longer existing. This decision was made in accordance with subsection 84A(2) of the Act, ensuring that the safety regulations are kept up-to-date and aligned with international standards. The process of cancelling the AD did not require public consultation, as determined by the Office of Best Practice Regulation, which found that ADs do not necessitate a Regulatory Impact Statement. This highlights the streamlined yet stringent approach taken to manage airworthiness directives in Australia.