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/69 affecting Twin Aero Commander 500 and 600 aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/69. 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 for the regulation of civil aviation safety, amongst other purposes. The Act was introduced to address the need for comprehensive legislation governing the safety and efficiency of civil aviation in Australia. The Civil Aviation (Safety) Regulations 1998 were subsequently made under the authority of the Act to further detail the regulations for ensuring air navigation safety. The Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives under the regulations, which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft. The Act empowers the Governor-General to make such regulations in the interests of air navigation safety, thereby aligning with international standards as outlined in the Convention on International Civil Aviation. The cancellation of a specific airworthiness directive, AD/AC/69 affecting Twin Aero Commander 500 and 600 aircraft models, was carried out by CASA in accordance with Australia's obligations under the Convention, reflecting the commitment to international safety standards without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 applies to entities involved in the design, manufacture, maintenance, and operation of aircraft in Australia. Specifically, the Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are integral for ensuring the continuing airworthiness of aircraft. The ADs serve as a mechanism for Australia to comply with its obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. The geographical reach of the Act extends nationally, as CASA, acting on behalf of the Commonwealth, assesses and issues ADs for aircraft registered in Australia. The Act does not provide specific exclusions or thresholds for the issuance of ADs but relies on the assessment of safety risks by CASA. The ADs are issued by designated authorities within CASA, ensuring that they are in line with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Obligations imposed by these regulations require the State of Design to take overall responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to ensure the safety of the aircraft type to the appropriate States of Registry, which are the countries where the aircraft are registered. The State of Registry, which is the country where the individual aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In practice, when a State of Design issues an AD against a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for non-compliance with ADs or for the cancellation of ADs. However, the safety and regulatory framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 ensures that any failure to comply with airworthiness directives could result in severe consequences for aircraft operators and manufacturers, including potential grounding of aircraft, legal action, and other regulatory measures to enforce compliance. The process described shows a commitment to international standards and obligations, ensuring that air safety regulations are uniformly applied and maintained across different jurisdictions.