CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
CANCELLATION 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.
As a result of a request by industry, CASA has reviewed AD/B727/149. The requirements of this AD have been superseded by AD/B727/100 Amendment 3. As a result CASA has cancelled Australian AD/B727/149. The cancellation will become effective on 7 July 2005. No replacement AD is required, as the original unsafe condition has been corrected by AD/B727/100 Amendment 3, which was issued in response to FAA AD 96-06-05. The USA is the State of Design for the Boeing 727.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been cancelled by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia and to ensure the safety and efficiency of air navigation within the country. The Civil Aviation (Airworthiness Directives) Regulations 1998, made under the authority of the Act, establish the framework for the issuance and enforcement of airworthiness directives (ADs), which are legislative instruments aimed at maintaining the airworthiness of aircraft. One such regulation, AD/B727/149, was cancelled by the Civil Aviation Safety Authority (CASA) due to its requirements being superseded by another directive, AD/B727/100 Amendment 3. The cancellation, which took effect on 7 July 2005, was a result of Australia's obligations under the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and requires the State of Registry to ensure compliance with ADs. Given that this cancellation was in response to an AD issued by the relevant State of Design, no public consultation was required. The cancellation was authorised by the Act and carried out by CASA to align Australian regulations with international standards and ensure the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs serve as legislative instruments under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which makes them disallowable under section 46A of the Acts Interpretation Act 1901. The ADs play a crucial role in ensuring the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with providing necessary information to ensure airworthiness. The State of Registry, which is Australia in this context, must adopt or develop requirements to maintain the airworthiness of registered aircraft. CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue corresponding Australian ADs. The Act's scope extends to any person or entity involved in the aviation industry within Australia, ensuring adherence to safety standards through the regulation of ADs. The jurisdictional reach of this legislation is national, as CASA acts on behalf of the Commonwealth of Australia, and any ADs issued apply to all aircraft registered within Australia. This specific legislative instrument, F2005L01347, pertains to the cancellation of Australian AD/B727/149, which was superseded by AD/B727/100 Amendment 3, reflecting the international alignment with the State of Design (the USA) and eliminating the need for a replacement AD.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 provide the framework for the issuance and cancellation of airworthiness directives (ADs) in Australia, ensuring that aircraft maintain their airworthiness standards. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Section 39.001(5) of the Regulations further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
CASA, as Australia’s national airworthiness authority, has the obligation to ensure the continuing airworthiness of aircraft on the Australian Register. This responsibility is derived from Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In this context, CASA reviewed AD/B727/149, which has been superseded by AD/B727/100 Amendment 3, leading to the cancellation of AD/B727/149.
The cancellation of AD/B727/149 is effective as of 7 July 2005. This cancellation was made because the unsafe condition addressed by the original AD has been corrected by AD/B727/100 Amendment 3, which responded to FAA AD 96-06-05. As the USA is the State of Design for the Boeing 727, CASA’s action aligns with Australia’s obligations under the Convention on International Civil Aviation. Consequently, no consultation with the Australian public was required for this AD cancellation. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The cancellation of AD/B727/149 was carried out by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can result in significant civil and criminal consequences. Non-compliance may lead to aircraft being deemed unairworthy, which could result in grounding, fines, and other penalties. In severe cases, breaches of airworthiness requirements can lead to criminal charges, with penalties including substantial fines and imprisonment. The specific consequences and penalties are detailed in the Civil Aviation Act 1988 and associated regulations, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.