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/AT/7 affecting Airtractor AT 300, 400 and 500 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AT/7. The cancellation will become effective on 7 May 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 regulate the safety and efficiency of civil aviation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations necessary for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 were subsequently made under this authority, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under the Legislative Instruments Act 2003. The authority to issue these directives is exercised to ensure compliance with the Convention on International Civil Aviation and to maintain the continuing airworthiness of aircraft registered in Australia. The State of Registry, which in Australia is CASA, is responsible for ensuring the airworthiness of individual aircraft, and must implement ADs issued by the State of Design to maintain the safety standards of the aircraft type.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations that safeguard air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft registered in Australia. This involves adopting or developing requirements that align with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation. The process includes reviewing and potentially issuing Australian ADs when necessary, reflecting the obligations under the Convention. In this instance, CASA cancelled Australian AD/AT/7 for Airtractor AT 300, 400, and 500 model aeroplanes due to the resolution of the unsafe condition identified, effective from 7 May 2009, without the need for a replacement AD or public consultation.
Key Provisions
The Civil Aviation Act 1988 (sections 98 and 84A) empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. These regulations include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument as defined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Specifically, under subregulation 39.001(5), ADs are disallowable instruments and thus fall under the purview of these Acts.
Under the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This entails providing necessary information to States of Registry to maintain airworthiness. The State of Registry, in turn, is responsible for the airworthiness of individual aircraft and must establish or adopt requirements to uphold this responsibility. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements.
CASA has assessed the AD/AT/7 concerning Airtractor AT 300, 400, and 500 model aeroplanes and determined that the unsafe condition it addressed no longer exists. Consequently, CASA has cancelled the Australian AD/AT/7, which will become effective on 7 May 2009. No replacement AD is necessary as the condition prompting the AD has been resolved. Given that this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, there was no need for public consultation, and the Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement is not required. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to civil penalties, including fines. For individuals, the maximum penalty can be up to $16,500, and for corporations, the maximum penalty is $82,500. In addition to civil penalties, CASA may also suspend or cancel an aircraft’s certificate of airworthiness, which can result in the aircraft being grounded. This not only imposes financial costs but also potentially affects the safety and operational readiness of the aircraft.