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.
CASA issued AD/CHA/10 Amdt 1 affecting American Champion series aircraft in 1973. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, 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 safety of air navigation and other matters related to civil aviation in Australia. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments to ensure the safety and continuing airworthiness of aircraft registered in Australia. The cancellation of an existing AD, such as AD/CHA/10 Amdt 1 for American Champion series aircraft, was executed by CASA, reflecting a reduction in regulatory burden without necessitating public consultation or a Regulatory Impact Statement. The decision to cancel this AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the provisions of the Civil Aviation Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, serving as legislative instruments that can be disallowed under the Acts Interpretation Act 1901. These ADs are critical in ensuring the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, is obligated to evaluate and, if necessary, implement Australian ADs that mirror the requirements of foreign ADs affecting aircraft on the Australian Register. The process for issuing these directives is governed by the Civil Aviation Act 1988, with the authority to make such regulations vested in the Governor-General, ensuring that the safety of air navigation is upheld. This regulatory framework extends to mandating the specific actions required to address safety concerns, as demonstrated in the cancellation of AD/CHA/10 Amdt 1 concerning American Champion series aircraft, which CASA determined to be no longer necessary due to the addressing of the original safety issue by AD/GENERAL/74 Amendment 1.
Key Provisions
The Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation, as per section 98. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are disallowable under section 46A of the Acts Interpretation Act 1901.
These ADs are critical for ensuring the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information for maintaining airworthiness, while the State of Registry must implement or adopt requirements to ensure the ongoing airworthiness of aircraft within its jurisdiction. In Australia, CASA is the national airworthiness authority, tasked with assessing and issuing ADs based on information from the State of Design.
The Act requires CASA to cancel an AD when an unsafe condition addressed by the directive has been resolved, as evidenced by the decision to cancel AD/CHA/10 Amdt 1 for American Champion series aircraft in 1973. This decision was made by the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act, and it took effect on 17 January 2008. Notably, no public consultation was required for this cancellation as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the requirements set forth in an airworthiness directive may result in serious consequences. The Act outlines potential civil and criminal penalties for non-compliance. Specifically, an individual who contravenes a provision of the Act may be liable for a civil penalty, with maximum penalties varying depending on the severity of the offence. Additionally, serious breaches may lead to criminal charges, resulting in fines and imprisonment, as specified in the relevant sections of the Act. These provisions underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.