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/AUS/10 affecting Auster/Beagle A.61 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AUS/10. The cancellation will become effective on 30 July 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 civil aviation in Australia with a strong emphasis on safety. This Act empowers the Governor-General to create regulations that support the Act's objectives, particularly concerning the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are intended to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs reflect the obligations of the State of Design and State of Registry under Annex 8 of the Convention on International Civil Aviation, mandating CASA to assess and, if necessary, issue Australian ADs to maintain safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulation is aimed at ensuring the safety of air navigation in accordance with the Convention on International Civil Aviation and Annex 8. An AD is a legislative instrument and can be issued to mandate specific requirements to maintain the continuing airworthiness of an aircraft. The State of Design is responsible for providing necessary information to ensure airworthiness, while the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft registered within its jurisdiction. In Australia, CASA acts as the national airworthiness authority and is responsible for assessing ADs issued by the State of Design and, if necessary, issuing Australian ADs. The Civil Aviation Safety Authority has recently cancelled Australian AD/AUS/10 for Auster/Beagle A.61 series aeroplanes due to the resolution of the unsafe condition, effective 30 July 2009, with no replacement AD required. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation and has been determined not to require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Specifically, section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these provisions on CASA and other relevant entities include ensuring that aircraft types remain airworthy throughout their operational life. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, must evaluate any airworthiness information issued by the State of Design and, if deemed necessary, issue an Australian AD to mandate the required safety measures. In this instance, CASA has already issued and subsequently cancelled Australian AD/AUS/10 for Auster/Beagle A.61 series aeroplanes, reflecting that the unsafe condition identified has been resolved.
There are significant consequences for non-compliance with airworthiness directives. Under the Civil Aviation Act 1988, failure to comply with an AD can result in substantial penalties. For example, individuals or corporations found in breach of an AD can face civil penalties, including fines of up to $1,650,000 for corporations and $330,000 for individuals. Additionally, criminal penalties can be imposed, including imprisonment for up to five years for individuals and fines for corporations. These stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation.