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/CERES/2 Amendment 1 affecting all models of CA-28 (Ceres) aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CERES/2 Amendment 1. The cancellation will become effective on 9 April 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, Systems and New Technologies, 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 provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that align with the Act's objectives, particularly concerning the safety of air navigation. Complementing the Act are the Civil Aviation Safety Regulations 1998, which further detail the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments, subject to disallowance and regulation under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The enactment of these regulations is crucial for ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) that govern the continuing airworthiness of aircraft in Australia. These regulations apply to all aircraft registered in Australia, as well as to aeronautical products, and are designed to ensure the safety of air navigation. ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA), which acts as Australia’s national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements. This regulatory process ensures that all stakeholders, including aircraft manufacturers, operators, and maintenance providers, comply with the continuing airworthiness standards set forth in the ADs. The authority to issue these directives extends to all models of aircraft and aeronautical products registered in Australia, encompassing both domestic and international operations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products under regulation 39.001. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901, and are governed by the Legislative Instruments Act 2003. ADs play a crucial role in ensuring the continuing airworthiness of aircraft as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type was designed, is responsible for providing necessary information to maintain airworthiness, and the State of Registry must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction.
Entities governed by these provisions must adhere to the requirements set forth in the ADs issued by CASA. When an AD is issued by a State of Design for a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that Australian registered aircraft meet the safety standards required by international conventions. In the specific case of AD/CERES/2 Amendment 1 affecting all models of CA-28 (Ceres) aeroplanes, CASA evaluated the AD and decided to cancel it, as the unsafe condition it was addressing no longer existed. This cancellation was executed in compliance with Australia's obligations under the Convention on International Civil Aviation and took effect on 9 April 2009.
Failure to comply with the ADs or any related regulations could lead to significant legal consequences. Offences under the Civil Aviation Act 1988 may result in both civil and criminal penalties. While the specific penalties are not detailed in the text, non-compliance with airworthiness directives can result in severe repercussions, including fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act and Regulations. These penalties underscore the importance of adhering to ADs to maintain the safety and integrity of air navigation.