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/10 affecting all aircraft cabin heaters using JP fuel only. CASA has assessed this AD and as a result has cancelled Australian AD/AIRCON/10. The cancellation will become effective on 10 April 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 Acting 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 provide for the regulation of civil aviation in Australia, particularly in relation to airworthiness and safety. The Act empowers the Governor-General to make regulations, which are designed to ensure the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. In line with international obligations under Annex 8 of the Convention on International Civil Aviation, the State of Design has the responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. Under regulation 39.001 of these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The scope of these directives extends to mandating requirements for the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure that the aircraft comply with ADs issued by the State of Design, which bears overall responsibility for the continuing airworthiness of an aircraft type. The application of these ADs is integral to ensuring that Australian-registered aircraft meet international safety standards. The geographic reach of this legislation is national, as it applies to all aircraft registered within Australia, and is also influenced by international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations that support the Act's objectives, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial in ensuring that the aircraft meet the necessary safety standards for operation. Importantly, under subregulation 39.001(5), an AD is considered a disallowable instrument, and hence, it falls under the category of a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act and the Civil Aviation Safety Regulations on the parties involved are significant. The State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for the continuing airworthiness of that aircraft type. This includes providing necessary information to the States of Registry to ensure compliance with airworthiness standards. Meanwhile, the State of Registry, which is the country where the individual aircraft is registered, must implement or adopt requirements to ensure that each aircraft it registers maintains its airworthiness. CASA, as Australia's national airworthiness authority, is tasked with assessing the information provided by the State of Design and issuing corresponding ADs as needed to enforce airworthiness requirements within Australia.
In cases where CASA issues an AD, there are clear consequences for non-compliance. Breaches of ADs can lead to severe penalties, including fines and potential imprisonment, as stipulated under the Civil Aviation Act 1988 and other related legislation. For instance, if an operator fails to comply with an AD, CASA can impose administrative penalties or even suspend or revoke the aircraft's certificate of airworthiness, effectively grounding the aircraft until the required actions are taken. Additionally, in cases where the breach leads to an accident or serious incident, the penalties can be significantly more severe, reflecting the gravity of the potential risks involved.