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/9 affecting S-2D models of Ayres Thrush (SNOW) commander series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian
AD/AC-SNOW/9. 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 to provide a comprehensive legal framework for civil aviation safety in Australia, addressing gaps in regulation and ensuring the safety of air navigation. This Act empowers the Governor-General to issue regulations for the safety of air navigation, and the Civil Aviation Safety Regulations 1998 further define these regulations, including the issuance of airworthiness directives (ADs). ADs are critical for maintaining the continuing airworthiness of aircraft and are issued by the Civil Aviation Safety Authority (CASA) in accordance with international standards set by the Convention on International Civil Aviation. The process involves CASA assessing foreign ADs and, if necessary, issuing corresponding Australian ADs to ensure compliance with safety standards. Recently, CASA cancelled an Australian AD for S-2D models of Ayres Thrush aeroplanes, as the unsafe condition it addressed no longer exists, reflecting the authority's commitment to international safety obligations and effective regulation without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and associated regulations, such as the Civil Aviation Safety Regulations 1998, provide the legal framework for the issuance and enforcement of airworthiness directives (ADs) within Australia. Pursuant to section 98 of the Act, the Governor-General is empowered to issue regulations aimed at enhancing the safety of air navigation, including the specification of conditions for airworthiness. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and thus classified as legislative instruments under the Legislative Instruments Act 2003. These ADs are issued in accordance with the obligations of the State of Design under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to ensure the continuing airworthiness of aircraft types registered in other states. Consequently, CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue corresponding Australian ADs to enforce the requirements set forth by the State of Design. The cancellation of an Australian AD, such as AD/AC-SNOW/9 for S-2D models of Ayres Thrush aeroplanes, is executed without public consultation due to Australia's international obligations, and such actions do not require a Regulatory Impact Statement according to the Office of Best Practice Regulation. The AD was cancelled by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and management of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003. This means that ADs are formal and binding directives with legal force.
Under these provisions, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, providing necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft meet international safety standards.
In accordance with these regulations, CASA issued AD/AC-SNOW/9 for S-2D models of Ayres Thrush (SNOW) commander series aeroplanes. After evaluating the information, CASA decided to cancel Australian AD/AC-SNOW/9, effective 28 August 2008, as the unsafe condition addressed by the directive no longer exists. No replacement AD was necessary. As this cancellation resulted from Australia's obligations under the Convention on International Civil Aviation, there was no need for public consultation, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Failure to comply with the requirements of an AD can lead to serious consequences. Civil aviation offences under the Civil Aviation Act 1988 can result in penalties that vary depending on the severity of the offence. For example, contravening an AD may lead to fines, imprisonment, or both. The maximum penalties for breaches of the Act can be substantial, reflecting the critical importance of adhering to safety regulations. CASA has the authority to enforce these regulations, including the power to take legal action against non-compliance. These stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.