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.
CASA issued AD/AUS/13 affecting Auster/Beagle A.61 series aeroplanes in 1959. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Initial Airworthiness, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on the requirements for maintaining airworthiness, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are essential for ensuring the continuing airworthiness of aircraft and are consistent with international standards set by the International Civil Aviation Organization (ICAO). The enactment of this legislation and the subsequent regulations aim to harmonise Australia's civil aviation safety standards with international practices, thereby enhancing the safety and reliability of air travel.
Scope and Application
The Civil Aviation Act 1988 empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, being disallowable under section 46A of the Acts Interpretation Act 1901 and complying with the requirements of the Legislative Instruments Act 2003. The ADs are typically issued by the State of Design and mandate the continuing airworthiness of an aircraft type, with the State of Registry responsible for ensuring the compliance of individual aircraft. In the case of the AD/AUS/13 affecting the Auster/Beagle A.61 series aeroplanes, CASA has determined that the original unsafe condition no longer exists, leading to the cancellation of this directive effective 24 September 2009, with no replacement AD necessary. This decision was made by the Manager, Initial Airworthiness, on behalf of CASA in accordance with subsection 84A(2) of the Act, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides a legislative framework for ensuring the safety of air navigation, and under section 98, the Governor-General can make regulations for this purpose. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft by mandating specific actions or requirements. Additionally, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and subsequently, as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions primarily fall on CASA and the State of Registry of the aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These responsibilities are underpinned by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the State of Registry.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the provided text for breaching ADs or failing to comply with the requirements set out in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, the enforcement of compliance with ADs and other airworthiness requirements typically involves CASA's regulatory oversight and the potential for CASA to take action against non-compliance, which may include fines, penalties, or other enforcement measures as prescribed by relevant aviation legislation. The text also notes that no public consultation was required for the cancellation of AD/AUS/13, as it results in a reduction of the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.