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/76 affecting Twin Aero Commander 690, 690A, 690B, 690C, 695 and 695A aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/76. 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly for the safety of air navigation. In line with this mandate, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for ensuring the airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, has the duty to assess and, if necessary, issue Australian ADs based on the information provided by the State of Design. The AD/AC/76, previously issued for certain Twin Aero Commander aircraft models, has been cancelled by CASA due to the resolution of the unsafe condition, effective from 31 July 2008. This cancellation aligns with Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the regulation of airworthiness in Australia, enabling the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are a practical implementation of the State of Design’s responsibility under Annex 8 to the Convention on International Civil Aviation, which requires the provision of necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is then responsible for assessing and, if appropriate, issuing Australian ADs that mandate the requirements of the State of Design. This regulatory framework ensures that Australian aviation remains compliant with international safety standards while maintaining the safety of air navigation within Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the safety of air navigation (section 98 of the Civil Aviation Act 1988). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulation also specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus a legislative instrument (section 6 of the Legislative Instruments Act 2003).
These regulations impose several obligations and requirements on the parties and entities they govern. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. For example, CASA issued AD/AC/76 for Twin Aero Commander 690 and related models, but has since cancelled this directive because the unsafe condition no longer exists.
The legislation also outlines the potential consequences of breaching these regulations. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state specific penalties for non-compliance with ADs. However, failure to comply with an AD could potentially result in serious safety breaches, which could lead to enforcement actions by CASA. These actions might include fines, suspension or revocation of airworthiness certificates, or other regulatory penalties as deemed necessary to ensure compliance with aviation safety standards. The seriousness of the breach and the risk posed to aviation safety would be key factors in determining the appropriate enforcement action.