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/7 Amendment 1 affecting CA-28 (Ceres) aeroplane serial No. 13 (VH-SSF). CASA has assessed this AD and as a result has cancelled Australian AD/CERES/7 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, enacted by the Australian Parliament, addresses the regulation of civil aviation to ensure the safety of air navigation. This Act empowers the Governor-General to make regulations aimed at maintaining the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, designed to maintain the continuing airworthiness of aircraft in line with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, responsible for assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. In the case of AD/CERES/7 Amendment 1 affecting a specific aircraft, CASA has assessed and subsequently cancelled the AD due to the resolution of the unsafe condition, thereby fulfilling Australia's obligations under international aviation conventions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft and aeronautical products to ensure the safety of air navigation. These directives are integral to maintaining the continuing airworthiness of aircraft and are considered legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are grounded in international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with the responsibility of providing necessary information for the continuing airworthiness of aircraft types. The State of Registry, in this case CASA for Australia, must then assess this information and issue appropriate directives to enforce these requirements on aircraft registered within its jurisdiction. This legislative framework applies to all aircraft and aeronautical products registered in Australia and extends to ensuring compliance with international standards, thereby ensuring that aviation safety regulations are uniformly applied across the nation. There are no exclusions or exemptions specified in the regulations, as all registered aircraft must adhere to the ADs issued by CASA.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Act, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the 1998 Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Importantly, these directives are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
These ADs serve as a critical tool for maintaining the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is primarily responsible for ensuring the airworthiness of an aircraft type, and must provide necessary information to the States of Registry to support this goal. In Australia, CASA, as the national airworthiness authority, assesses information from the State of Design and, if appropriate, issues Australian ADs to enforce the required safety measures. For instance, CASA has recently cancelled Australian AD/CERES/7 Amendment 1 for the CA-28 (Ceres) aeroplane serial No. 13 (VH-SSF) because the unsafe condition it addressed no longer exists.
The obligations imposed by these regulations extend to both the State of Design and the State of Registry. The State of Design must provide timely and accurate information about any safety issues that could affect the airworthiness of aircraft. In turn, the State of Registry, through CASA in Australia, is required to assess this information and take appropriate action by issuing or cancelling ADs as necessary. For example, CASA's cancellation of AD/CERES/7 Amendment 1 demonstrates its commitment to maintaining safety standards and ensuring compliance with international obligations.
Failure to comply with ADs can have serious legal consequences. While the specifics of penalties are not detailed in the provided text, it is clear that ADs are binding and enforceable under Australian law. Non-compliance can result in both civil and criminal penalties, depending on the severity of the breach and the specific regulations involved. The importance of adhering to these directives cannot be overstated, as they are fundamental to ensuring the safety of air navigation and protecting the public.