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/78 affecting Twin Aero Commander 500 series, 680, 680E, 680F, 680F(P), 680FL, 680T, 680V, 680W, 681, 685, 690, 690A, 690B, 690C, 690D, 695, 695A and 720 aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/78. 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, 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 a comprehensive legislative framework for the regulation of civil aviation in Australia, addressing issues related to air navigation safety and the oversight of aircraft airworthiness. This Act empowers the Governor-General to create regulations necessary for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 being a key component of this framework. Under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) to ensure the ongoing airworthiness of aircraft. These ADs serve as legislative instruments, as outlined in the Legislative Instruments Act 2003. In accordance with international standards set by Annex 8 of the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, acting as Australia's national airworthiness authority, must assess and respond to ADs issued by the State of Design, potentially issuing Australian ADs as required.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, encompasses the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of aircraft registered in Australia. These regulations apply to all aircraft and aeronautical products within Australia, and CASA, as the national airworthiness authority, is responsible for issuing ADs based on assessments of information from the State of Design. ADs serve as a means to mandate continuing airworthiness requirements for aircraft types, ensuring compliance with both domestic and international standards. The issuance of ADs, including the cancellation of AD/AC/78 for certain Twin Aero Commander aircraft models, is conducted under the authority granted by section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These legislative instruments provide CASA with the mandate to issue ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. The authority to issue ADs extends to implementing obligations under international agreements such as Annex 8 to the Convention on International Civil Aviation, ensuring alignment with global safety standards. The AD cancellation process, as exemplified by the cancellation of AD/AC/78, is conducted without public consultation and does not require a Regulatory Impact Statement, reflecting the specific regulatory framework governing such actions.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation, as seen in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. This classification emphasises their importance and the formal process by which they are created and implemented.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties such as CASA and the State of Registry are significant. The State of Design is primarily responsible for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry to ensure the continuing airworthiness of the aircraft. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures a coordinated approach to maintaining airworthiness standards across different jurisdictions.
Breaching the provisions of the Civil Aviation Safety Regulations 1998 can lead to severe consequences. Failure to comply with an AD, for instance, can result in penalties under the Civil Aviation Act 1988. The maximum penalties for non-compliance can include substantial fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. CASA has the authority to enforce these regulations and can take legal action against entities or individuals who do not adhere to the mandated airworthiness requirements. Such enforcement actions are critical to maintaining the high safety standards required in the aviation industry.