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/AIRCON/1 affecting Godfrey Cabin Superchargers Type 15. CASA has assessed this AD and as a result has cancelled Australian AD/AIRCON/1. The cancellation will become effective on 18 December 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, addressing the need for comprehensive safety standards and procedures. The Act empowers the Governor-General to make regulations, including those pertaining to airworthiness, to ensure the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were established, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, mandating safety requirements for specific types of aircraft or aeronautical products. The ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, ensures that Australian aircraft comply with these international standards by issuing appropriate directives. The AD/AIRCON/1 for Godfrey Cabin Superchargers Type 15, initially issued by CASA, has been cancelled due to the resolution of the unsafe condition, without the need for a Regulatory Impact Statement or public consultation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide the legislative framework for the issuance and management of airworthiness directives (ADs) within Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, with these directives being classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. These regulations apply to the State of Registry of an individual aircraft, which is responsible for ensuring the aircraft's continuing airworthiness. The ADs are issued in accordance with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has overall responsibility for continuing airworthiness. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce these requirements. The scope of this legislation extends to all aircraft and aeronautical products registered within Australia, ensuring compliance with international safety standards and the ongoing safety of air navigation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is responsible for the design of the aircraft type, must provide all necessary information to ensure the continuing airworthiness of the type to appropriate States of Registry. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The provisions of the Act and the Regulations also include specific actions taken by CASA. For instance, CASA issued AD/AIRCON/1 affecting Godfrey Cabin Superchargers Type 15. After assessing the AD, CASA has cancelled Australian AD/AIRCON/1, which will become effective on 18 December 2008. This cancellation was made because the unsafe condition no longer exists, and thus, no replacement AD is required. The AD cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and as a result, no consultation with the Australian public has taken place. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences, there are no specific offences or penalties outlined for non-compliance with the ADs in this particular context. However, the regulations establish a framework within which CASA can take action to ensure compliance. Failure to comply with an AD can lead to significant safety risks and potential legal consequences, including the grounding of aircraft and other enforcement actions. It is important for all parties involved to adhere to the requirements set out in the ADs to maintain the safety and airworthiness of aircraft in Australia.