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/BUSHBY M2/2 Amendment 1 affecting Bushby Mustang II series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/BUSHBY M2/2 Amendment 1. 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 and ensure safety in air navigation within Australia, aiming to address the need for comprehensive legislation governing civil aviation operations, aircraft registration, and airworthiness standards. This Act empowers the Governor-General to make regulations in the interest of safety, 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. ADs, which are legislative instruments, serve as a critical means of maintaining the continuing airworthiness of aircraft types, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. CASA's responsibility includes assessing information from the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these standards. In this context, CASA has cancelled AD/BUSHBY M2/2 Amendment 1 for Bushby Mustang II series aeroplanes, effective from 30 July 2009, due to the resolution of the unsafe condition, without requiring a replacement AD.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under the Acts Interpretation Act 1901. The ADs serve as a means to uphold the continuing airworthiness of aircraft, aligning with obligations under Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must implement and enforce these directives. This legislative framework applies to all aircraft registered in Australia and extends to ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The authority to issue and cancel ADs rests with CASA, reflecting its role as Australia’s national airworthiness authority.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) under section 98 of the Act (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products (regulation 39.001). These ADs are considered legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 (subregulation 39.001(5)), and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Furthermore, Annex 8 to the Convention on International Civil Aviation places the responsibility for the continuing airworthiness of an aircraft type on the State of Design, which must provide necessary information to the States of Registry to ensure airworthiness.
The Act and Regulations impose several obligations on the parties involved. The State of Design, which designs an aircraft type, must provide continuing airworthiness information to the States of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Registry, which registers individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design against aircraft on the Australian Register and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design. The AD/BUSHBY M2/2 Amendment 1, issued by CASA, affecting Bushby Mustang II series aeroplanes, has been assessed and subsequently cancelled due to the resolution of the unsafe condition, with the cancellation becoming effective on 30 July 2009.
Failure to comply with ADs or other obligations under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can result in significant legal consequences. While specific offences, penalties, or civil and criminal consequences are not detailed within the provided text, general provisions under the Act and Regulations suggest that non-compliance may result in enforcement actions by CASA. Such actions could include fines, suspension or revocation of aircraft certificates, or other regulatory measures intended to ensure compliance and maintain safety standards. The severity of penalties would depend on the nature and extent of the non-compliance, and could potentially involve both civil and criminal liabilities under Australian law.