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-CLA/2 affecting all Aircraft Parts and Development A-9 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-CLA/2. 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, enacted by the Australian Parliament, was introduced to regulate the safety of civil aviation within Australia and to ensure compliance with international standards. This Act provides the legal framework for the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. Under the Act, CASA, as the national airworthiness authority, is responsible for ensuring that Australian aircraft meet safety standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are designed to address safety concerns and ensure that aircraft remain airworthy in accordance with international obligations under the Convention on International Civil Aviation. The AD/AC-CLA/2, issued by CASA, was subsequently cancelled as the unsafe condition it was addressing no longer exists.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework under which the Civil Aviation Safety Regulations 1998 are made, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and are designed to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs are issued by CASA, acting on behalf of the State of Registry, when the State of Design issues corresponding directives. This ensures that Australian-registered aircraft meet international safety standards and regulatory requirements. The specific AD/AC-CLA/2, which was applicable to all Aircraft Parts and Development A-9 series aeroplanes, was assessed by CASA and subsequently cancelled on 28 August 2008 due to the resolution of the unsafe condition it was addressing. This cancellation was made in accordance with the relevant sections of the Civil Aviation Act 1988, and no public consultation or Regulatory Impact Statement was required as per the Office of Best Practice Regulation's guidelines.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance and management of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, providing necessary information to States of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed on CASA and other entities under the regulations include assessing the information provided by the State of Design when an AD is issued and determining whether to issue an Australian AD to mandate the requirements of the State of Design. CASA must also ensure that the ADs comply with Australia’s obligations under the Convention on International Civil Aviation. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, developing or adopting requirements to meet this obligation. When CASA issues an AD, it must do so in accordance with section 84A(2) of the Act.
In terms of consequences, there are no specific offences, penalties, or civil/criminal consequences outlined in the text for the breach of ADs or their cancellation. However, the text indicates that the AD/AC-CLA/2 was cancelled because the unsafe condition no longer existed, and no replacement AD was necessary. It also notes that no public consultation was required for the cancellation as it was due to Australia’s obligations under the Convention on International Civil Aviation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This suggests that the primary focus is on compliance with international standards and the safety of air navigation rather than imposing specific penalties for non-compliance.