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/2 affecting Auster/Beagle A.61 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AUS/2. 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation and ensure the safety of air navigation in Australia. This Act provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for specific kinds of aircraft or aeronautical products, a power that has been exercised to address safety concerns and align with international obligations under the Convention on International Civil Aviation. This legislative mechanism ensures that Australia meets its commitments to safety and airworthiness as stipulated by the State of Design and the State of Registry, thereby maintaining the integrity and safety of Australia's aviation sector. The AD cancellation process, as exemplified by AD/AUS/2 affecting Auster/Beagle A.61 series aeroplanes, is managed by CASA to address specific safety issues and ensure compliance with international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. These directives are integral to ensuring the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation, which places the responsibility of airworthiness on the State of Design and the State of Registry. In practice, this means that CASA, as Australia's national airworthiness authority, must evaluate ADs issued by other countries and, if necessary, issue corresponding Australian ADs to enforce these requirements on aircraft registered in Australia. For instance, CASA has previously issued and subsequently cancelled Australian AD/AUS/2 for Auster/Beagle A.61 series aeroplanes, effective from 30 July 2009, due to the resolution of the unsafe condition identified in the original AD. The process of issuing or cancelling ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the Act's purposes and ensure the safety of air navigation. One such regulation is 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901.
Obligations imposed by the Act include the State of Design's responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure airworthiness, and ADs are the primary means of disseminating this information. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft under its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing information provided by the State of Design and issuing Australian ADs when necessary.
In relation to specific aircraft, CASA issued AD/AUS/2 for Auster/Beagle A.61 series aeroplanes. This AD was subsequently cancelled by CASA on 30 July 2009, following an assessment that the unsafe condition it was intended to address no longer existed. No replacement AD was required, and no public consultation was conducted in relation to the cancellation due to Australia's obligations under the Convention on International Civil Aviation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. There are no specified offences, penalties, or civil/criminal consequences for non-compliance with ADs within the provided text. However, failure to comply with an AD could potentially lead to enforcement actions by CASA, including fines, suspension, or revocation of airworthiness certificates, depending on the severity and nature of the non-compliance.