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/6 affecting American Champion model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CHA/6. 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 Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. Under this Act, the Governor-General has the authority to create regulations for the purposes of the Act and in the interests of air navigation safety. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, and their issuance is in line with international obligations under the Convention on International Civil Aviation. Specifically, the State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design.
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 types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These directives are legislative instruments that fall under the purview of section 46A of the Acts Interpretation Act 1901, and are subject to disallowance. ADs are crucial for the continuing airworthiness of aircraft, with the State of Design having primary responsibility for providing necessary information to States of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by States of Design concerning aircraft registered in Australia and may issue corresponding Australian ADs if necessary. In the case of AD/CHA/6, which affected American Champion model aeroplanes, CASA assessed the AD issued by the State of Design and determined that the unsafe condition no longer existed, leading to the cancellation of the Australian AD effective 7 May 2009. Given the international obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required for this cancellation. The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, enable the issuance of airworthiness directives (ADs) through regulation 39.001 (section 1). These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are mandated by the State of Design to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is the Civil Aviation Safety Authority (CASA), is responsible for ensuring the ongoing airworthiness of individual aircraft and must comply with any ADs issued by the State of Design, translating these into Australian ADs where necessary. The cancellation of Australian AD/CHA/6 for American Champion model aeroplanes exemplifies this process, where CASA has determined that the unsafe condition identified in the original directive no longer exists, leading to the directive's cancellation without a replacement (section 2).
The obligations imposed on the parties governed by this Act include the State of Design’s duty to issue ADs for aircraft types within its jurisdiction, providing necessary information to ensure airworthiness. The State of Registry, including CASA in Australia, must then assess these ADs and, if applicable, issue corresponding Australian ADs. This ensures that all aircraft registered in Australia meet the required airworthiness standards as stipulated by international agreements. Moreover, CASA, as the national airworthiness authority, must rigorously evaluate the ADs issued by the State of Design and implement Australian ADs as needed to maintain safety standards (section 3). This process is overseen by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, who issues the ADs on behalf of CASA in accordance with subsection 84A(2) of the Act.
The Act also outlines specific consequences for non-compliance with ADs. Although the text does not explicitly detail penalties for breach, failure to comply with an AD could lead to serious safety risks, potentially resulting in civil or criminal liabilities for the aircraft operator or owner. Civil penalties could include fines or other monetary penalties, while criminal penalties might encompass imprisonment, reflecting the seriousness of ensuring airworthiness and public safety in air navigation. The legislative framework ensures that ADs are rigorously enforced to uphold the highest safety standards in civil aviation (section 4).