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/75 affecting Twin Aero Commander 690A, 690B, 690C and 695 aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/75. 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 provide for the safety and efficiency of civil aviation in Australia and to establish the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. The Act addresses the need for comprehensive regulation of civil aviation to ensure safety, efficiency, and the orderly development of the industry. The Civil Aviation Safety Regulations 1998 were subsequently introduced to further detail and implement the provisions of the Act, including the issuance of airworthiness directives (ADs). The ADs serve as a critical mechanism to maintain the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. Under the authority granted by section 98 of the Civil Aviation Act 1988, CASA has the power to issue ADs to mandate specific safety requirements, which are essential to uphold the safety standards of air navigation. This legislative framework ensures that Australia meets its international obligations while providing a robust system for the regulation of civil aviation within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, encompasses the regulation of airworthiness directives (ADs) within Australia. These ADs apply to specific kinds of aircraft or aeronautical products and are mandated by regulation 39.001, establishing them as legislative instruments under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, issues these ADs to ensure compliance with the continuing airworthiness of aircraft registered in Australia. The State of Design, typically the manufacturer, holds the primary responsibility for ensuring the airworthiness of aircraft types, while the State of Registry, in this case CASA, must implement the necessary measures to enforce these standards. The scope of the ADs extends to all relevant aircraft models registered within Australia, with the authority to issue or cancel directives based on international obligations under the Convention on International Civil Aviation. The process does not involve public consultation as per the obligations of the Convention, and the Office of Best Practice Regulation has deemed that ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Regulations grants CASA the authority to issue ADs for specific aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, which means they have formal legal standing and are subject to disallowance under the Acts Interpretation Act 1901. This regulatory framework is aligned with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design with the responsibility for an aircraft type's continuing airworthiness and mandates the sharing of necessary information with States of Registry. The State of Registry, in turn, is tasked with ensuring the ongoing airworthiness of individual aircraft.
Under the Civil Aviation Safety Regulations 1998, CASA has the obligation to assess airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. This process was applied to AD/AC/75, which affected Twin Aero Commander 690A, 690B, 690C, and 695 aircraft models. After evaluation, CASA has cancelled Australian AD/AC/75, effective from 31 July 2008, as the unsafe conditions identified in the directive no longer exist. This cancellation aligns with Australia's commitments under the Convention on International Civil Aviation, and as such, no public consultation was conducted. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
The AD cancellation was executed by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. The legislative and regulatory framework ensures that CASA maintains rigorous oversight over the airworthiness of aircraft registered in Australia, promoting safety standards that align with international obligations. Any breach of the provisions of the ADs could result in serious safety risks, as CASA is obligated to enforce compliance with airworthiness standards to protect public safety in the aviation sector.