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/CHA/4 affecting Champion model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CHA/4. The cancellation will become effective on 7 May 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, enacted by the Parliament of Australia, was introduced to establish a comprehensive framework for civil aviation safety in Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives to ensure aircraft and aeronautical products meet safety standards. The Act was designed to align Australian aviation regulations with international standards, particularly those set forth by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998 further operationalise these provisions by detailing the process for issuing and enforcing airworthiness directives, which are critical for maintaining the continuing airworthiness of aircraft.
In line with these legislative frameworks, the Civil Aviation Safety Authority (CASA) issued an airworthiness directive (AD) concerning Champion model aeroplanes, which was subsequently cancelled due to the resolution of the unsafe condition identified. This cancellation reflects Australia’s commitment to international aviation safety standards under the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types. The cancellation of AD/CHA/4 on 7 May 2009 demonstrates CASA’s role in ensuring that Australian aviation safety measures are consistent with international obligations, without the need for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are a legislative instrument and serve to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, typically the country where the aircraft type is designed, has the overarching responsibility for ensuring the ongoing airworthiness of the aircraft type, and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs to mandate the required safety measures. The regulations provide for the issuance, assessment, and cancellation of ADs, as demonstrated by the recent cancellation of AD/CHA/4 for Champion model aeroplanes, effective from 7 May 2009, due to the resolution of the unsafe condition. This process adheres to Australia's obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement is required. The ADs are made by authorised personnel within CASA, in line with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, ensuring the safety of air navigation as per section 98 of the Civil Aviation Act 1988. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they fall within the definition of a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the ongoing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain airworthiness. The State of Registry, in turn, has the responsibility for the continuing airworthiness of individual aircraft. Therefore, when the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
Compliance with ADs is mandatory for all parties governed by the Civil Aviation Safety Regulations 1998. Specifically, the State of Design must provide continuous airworthiness information, which CASA then assesses and potentially adopts as an Australian AD. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction, which includes implementing any ADs issued by CASA. Owners and operators of affected aircraft must adhere to the mandates set out in these ADs, ensuring their aircraft remain airworthy according to the specified requirements.
Failure to comply with the provisions of ADs may result in various legal consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with ADs can lead to enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates. The severity of penalties can vary, but they are intended to ensure that air safety standards are upheld. It is crucial for all stakeholders, including aircraft owners, operators, and the State of Registry, to strictly adhere to the requirements set forth in ADs to avoid these legal repercussions.