AD/AIRCON/3 - Godfrey Cabin Supercharger Type 15 - Rotor Balance - Inspection - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring safety. The Act empowers the Governor-General to make regulations for the purposes of the Act and to safeguard the safety of air navigation. Specifically, under section 98, the Civil Aviation Safety Regulations 1998 were formulated to provide more detailed provisions, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, enable CASA to issue ADs concerning kinds of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and serve as a critical means of ensuring the continuing airworthiness of aircraft types, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind these regulations is to maintain high safety standards in Australian civil aviation by ensuring that all aircraft and aeronautical products meet stringent airworthiness criteria.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for ensuring the safety of air navigation in Australia, with particular emphasis on the continuing airworthiness of aircraft and aeronautical products. Pursuant to section 98 of the Act, the Governor-General is empowered to enact regulations that serve the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design for an aircraft type bears the overarching responsibility for ensuring its continuing airworthiness, while the State of Registry is tasked with developing or adopting the necessary requirements to maintain the airworthiness of aircraft registered within its jurisdiction. In the context of Australia, CASA, as the national airworthiness authority, must assess ADs issued by States of Design and, where appropriate, issue corresponding Australian ADs to enforce the required safety measures. The specific AD/AIRCON/3 concerning the Godfrey Cabin Supercharger Type 15, issued by CASA in 1968, has been cancelled as the associated unsafe conditions no longer exist and are now covered by legislative requirements. This cancellation reflects a reduction in regulatory burden, and CASA, in accordance with the Civil Aviation Act 1988, has determined that no public consultation or Regulatory Impact Statement is necessary for this particular AD cancellation.

Key Provisions

The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as critical tools for ensuring the ongoing safety of air navigation in Australia, aligning with the overarching responsibility of the State of Design to maintain the airworthiness of aircraft types as outlined in Annex 8 to the Convention on International Civil Aviation. Importantly, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, categorising them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are a fundamental component of the international framework for continuing airworthiness, with most ICAO Contracting States adopting similar measures. Under the Civil Aviation Safety Regulations 1998, the obligations on CASA are to review and assess the airworthiness directives issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures that the specific safety requirements and standards are uniformly enforced across all aircraft of the specified kind within the Australian Register. For instance, CASA issued AD/AIRCON/3 in 1968 concerning the Godfrey Cabin Supercharger Type 15, which has now been reviewed and subsequently cancelled effective from 24 September 2009. This cancellation was made due to the original unsafe condition no longer existing, as current legislative requirements now address the issue. No public consultation was required for this cancellation, as it results in a reduction of regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. In terms of legal consequences, non-compliance with airworthiness directives is a serious matter. The Civil Aviation Act 1988 imposes obligations on aircraft operators to adhere to these directives. Failure to comply with an AD can result in severe penalties. Under section 41 of the Civil Aviation Act 1988, an operator found in breach of an airworthiness directive can face substantial fines and, in severe cases, imprisonment. Specifically, the maximum penalty for a corporation can be up to $1.65 million, while an individual can face a maximum penalty of $330,000 or imprisonment for up to five years, or both, depending on the gravity of the offence. This stringent enforcement underscores the critical importance of adhering to ADs for the safety and integrity of air navigation.