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-SNOW/6 affecting all models of Ayres Thrush (SNOW) commander series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-SNOW/6. 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, 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 establish a comprehensive legal framework for civil aviation safety in Australia, addressing the need for consistent and stringent safety regulations in the aviation industry. The Act empowers the Governor-General to create regulations, ensuring that air navigation safety is prioritised. In alignment with this, the Civil Aviation Safety Regulations 1998 were also enacted to provide detailed safety standards and operational protocols. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products, thereby ensuring that these vehicles meet the necessary safety criteria. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are integral to maintaining the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with safety standards set forth under Annex 8 to the Convention on International Civil Aviation. The Act empowers the Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, to issue ADs for specific types of aircraft or aeronautical products, thereby enforcing continuing airworthiness as mandated by the State of Design. The scope of this legislation applies to all entities and persons involved in the operation and maintenance of aircraft within Australia, including aircraft manufacturers, operators, and maintenance service providers. The geographic reach of the Act is national, as it pertains to aircraft registered within Australia. Any ADs issued by CASA apply to all affected aircraft and aeronautical products under Australian jurisdiction. Notably, ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act does not detail specific exclusions or thresholds but adheres to international standards set by the International Civil Aviation Organization (ICAO). The authority to issue and amend ADs can be extended through subordinate instruments, ensuring that CASA can respond swiftly to emerging safety concerns.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. It is important to note that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA is responsible for assessing information from the State of Design and, if necessary, issuing Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This aligns with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for an aircraft type's airworthiness and requires them to provide relevant information to the States of Registry. The State of Registry must then establish requirements to maintain the airworthiness of the aircraft. In the case of the Ayres Thrush (SNOW) commander series aeroplanes, CASA issued AD/AC-SNOW/6, which has now been cancelled due to the unsafe condition no longer existing.
Obligations imposed by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 include the requirement for CASA to assess information from the State of Design and, if necessary, issue Australian ADs. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to maintain the airworthiness of aircraft registered within their jurisdiction. CASA must also ensure compliance with Australia's obligations under the Convention on International Civil Aviation.
Failure to comply with the provisions of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 may result in civil and criminal consequences. The Act does not explicitly outline penalties for non-compliance with ADs; however, breaches of regulations related to airworthiness may result in enforcement actions, including fines and potential criminal charges. The maximum penalties for breaches of aviation regulations are not specified within the given text but may be found in other sections of the Civil Aviation Act 1988 and associated regulations.