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/5 Amendment 1 affecting all models of CA-28 (Ceres) aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CERES/5 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, 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 the safety of civil aviation in Australia. Under this Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. Specifically, the Act allows for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types. The Civil Aviation Safety Regulations 1998 further elaborate on this by detailing the process for issuing such directives. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The purpose of these regulations is to align with Australia’s international obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry for ensuring an aircraft's continuing airworthiness. CASA, acting as Australia’s national airworthiness authority, reviews and issues directives based on international standards to maintain safety standards on the Australian Register.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. The Act applies to all aircraft registered in Australia and to entities involved in the maintenance, operation, or manufacture of these aircraft. Its jurisdiction extends across the Commonwealth, aligning with Australia's responsibilities under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design must provide information to ensure the continuing airworthiness of aircraft types, with the State of Registry being responsible for the individual aircraft's airworthiness. CASA's role includes assessing information from the State of Design and, when necessary, issuing Australian ADs to enforce compliance with safety standards. The issuance and cancellation of these directives are internal processes conducted by CASA, reflecting its duty to uphold aviation safety standards without the need for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's objectives, specifically focusing on the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Notably, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the associated regulations require the State of Design to maintain the continuing airworthiness of an aircraft type and provide necessary information to the appropriate States of Registry. In the context of Australia, CASA, as the national airworthiness authority, must evaluate information from State of Design ADs and issue Australian ADs if necessary. This ensures compliance with the Convention on International Civil Aviation's Annex 8, which mandates that the State of Registry develop or adopt requirements to ensure the continuing airworthiness of aircraft.
For instance, CASA assessed and subsequently cancelled Australian AD/CERES/5 Amendment 1, which affected all models of CA-28 (Ceres) aeroplanes, because the unsafe condition it addressed no longer existed. This cancellation was aligned with Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was deemed necessary. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Should there be any breaches of the obligations or requirements under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, various penalties and consequences may apply. These can include fines and imprisonment, the specifics of which are detailed within the relevant sections of the Act and the Regulations. For example, failure to comply with airworthiness directives could result in substantial fines, and in more severe cases, imprisonment, depending on the nature and extent of the breach.