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/20 affecting Auster/Beagle A.61 series aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation to govern air navigation and aircraft operations. This Act empowers the Governor-General to create regulations in the interest of air navigation safety, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 mandate the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, with such directives being classified as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. This regulatory framework is designed to align with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia’s airworthiness requirements are consistent with global practices. The policy objective behind these regulations is to maintain the highest safety standards in civil aviation through effective and timely regulatory oversight.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments, as stipulated by the Legislative Instruments Act 2003. The scope of these regulations applies to all aircraft registered in Australia, and they are designed in accordance with the principles of Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry of an aircraft. CASA, as Australia’s national airworthiness authority, is required to review and, if necessary, mandate the requirements of ADs issued by other ICAO Contracting States for aircraft on the Australian Register. The authority to issue such directives extends to the cancellation of existing directives when the unsafe conditions they address have been sufficiently mitigated, as evidenced by the decision to cancel AD/AUS/20 affecting Auster/Beagle A.61 series aircraft, effective from 17 January 2008, due to its redundancy following the issuance of AD/GENERAL/74 Amendment 1.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated under section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This regulatory mechanism ensures that the safety of air navigation is prioritised, aligning with Annex 8 to the Convention on International Civil Aviation.
The obligations imposed on CASA by these regulations are significant. CASA, as Australia’s national airworthiness authority, is tasked with assessing any airworthiness information provided by the State of Design of an aircraft type. This includes evaluating the necessity of issuing an Australian AD to enforce the requirements set forth by the State of Design. This obligation extends to the ongoing assessment and management of airworthiness directives to ensure that all aircraft registered in Australia meet the requisite safety standards.
In the instance of AD/AUS/20, which was issued in 1972 and pertains to Auster/Beagle A.61 series aircraft, CASA has determined that the directive should be cancelled as of 17 January 2008. This decision was made after reviewing the AD and finding that the original unsafe condition addressed by the AD has been sufficiently managed by AD/GENERAL/74 Amendment 1. This cancellation signifies that no further action is required under AD/AUS/20, and it does not necessitate the issuance of a new AD. The cancellation reflects a reduction in regulatory burden, and as such, it was not subject to public consultation or a Regulatory Impact Statement.
Failure to comply with airworthiness directives or the obligations set forth by CASA under the Civil Aviation Safety Regulations 1998 may result in significant consequences. While specific offences and penalties are not detailed in the provided text, it is evident that non-compliance could lead to enforcement actions under the Civil Aviation Act 1988. These actions may include fines, legal proceedings, and potential grounding of aircraft, all of which underscore the importance of adhering to CASA's directives to maintain the safety and airworthiness of aircraft in Australia.