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/80 Amendment 1 affecting Twin Aero Commander 690C, 690D, 695 and 695A aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/80 Amendment 1. The cancellation will become effective on 28 August 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 by the Commonwealth Parliament to provide a legislative framework for the regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations in the interest of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are essential for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards as stipulated in the Convention on International Civil Aviation. The objective of these regulations is to align Australian practices with international safety standards while ensuring the safety of air navigation within the country.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for airworthiness directives (ADs) in Australia, with the overarching objective of ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to address safety concerns, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, play a critical role in maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design of an aircraft type holds primary responsibility for ensuring its airworthiness, while the State of Registry must implement and enforce necessary requirements, a duty CASA undertakes on behalf of Australia. The cancellation of an AD, such as the Australian AD/AC/80 Amendment 1 for specific Aero Commander aircraft models, reflects Australia's adherence to international obligations and the resolution of identified safety issues, thus obviating the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, outlines the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act require CASA, as the national airworthiness authority, to assess information from the State of Design regarding the continuing airworthiness of aircraft types. If an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to ensure compliance with safety standards. This obligation is particularly significant under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry must adopt appropriate requirements to maintain this airworthiness.
In terms of enforcement, any breach of the provisions of the Act or the Regulations may result in legal consequences. While specific offences, penalties, and consequences are not detailed in this particular AD cancellation notice, it is important to note that the Civil Aviation Act 1988 and associated regulations do provide for various penalties for non-compliance. These may include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined by the courts based on the specific circumstances of the case. The issuance and cancellation of ADs, as seen with AD/AC/80 Amendment 1, reflect the continuous effort to maintain safety standards in accordance with international obligations and domestic requirements.