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/AKRO/1 Amendment 1 affecting Stephens Akro series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AKRO/1 Amendment 1. The cancellation will become effective on 4 June 2009. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish and maintain a high standard of safety in civil aviation. This legislation empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, thereby addressing the need for comprehensive and enforceable aviation safety measures. Under this Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements for specific aircraft types and aeronautical products. The introduction of ADs under regulation 39.001 addresses the necessity for continuous monitoring and rectification of potential safety issues in aircraft, as mandated by international standards and Australia's obligations under the Convention on International Civil Aviation. These directives ensure that the State of Registry maintains the airworthiness of aircraft registered in Australia, fulfilling the international responsibility for ensuring ongoing compliance with safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001, which is authorised by section 98 of the Act. These regulations apply to all persons and entities involved in civil aviation in Australia, including aircraft operators, manufacturers, and maintenance providers, ensuring adherence to safety standards for air navigation. The ADs, as legislative instruments under the Legislative Instruments Act 2003, are issued by the Civil Aviation Safety Authority (CASA) to mandate continuing airworthiness requirements for aircraft and aeronautical products. The application of these directives is mandated by Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. CASA, acting as Australia’s national airworthiness authority, assesses information from the State of Design and issues corresponding Australian ADs as necessary. The issuance and cancellation of these directives are internal regulatory processes that do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are managed by CASA’s Airframe and Structures division, in accordance with section 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument and are disallowable under section 46A of the Acts Interpretation Act 1901. This means that ADs are subject to the scrutiny and potential disallowance by Parliament, as outlined in section 6 of the Legislative Instruments Act 2003. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to the States of Registry. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations placed on parties governed by these provisions are significant. The State of Design must ensure that all necessary information is provided to maintain the airworthiness of aircraft types, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess ADs issued by other States of Design and determine whether to issue an Australian AD. In the specific case of AD/AKRO/1 Amendment 1, CASA assessed the AD and subsequently cancelled it, determining that the unsafe condition no longer existed. This cancellation was made in accordance with subsection 84A(2) of the Act, by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA.
For breaches of the Civil Aviation Safety Regulations 1998, including failure to comply with ADs, there are potential civil and criminal consequences. Under section 52 of the Civil Aviation Act 1988, any person who contravenes a regulation commits an offence and is liable to a penalty. The maximum penalties for such offences can include fines up to $21,000 for individuals and $105,000 for bodies corporate, depending on the severity of the breach and the specific regulation violated. Additionally, under section 57 of the Act, CASA can take enforcement action, including issuing compliance notices or, in more severe cases, prosecuting the offender in court. These provisions ensure that all parties are held accountable for maintaining the safety standards required by the Civil Aviation Safety Regulations 1998.