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/8 affecting American Champion model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CHA/8. 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, Airframes 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 Commonwealth Parliament, is a foundational piece of legislation aimed at ensuring the safety of air navigation within Australia and its territories. It empowers the Governor-General to create regulations that protect 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 are legislative instruments that are subject to disallowance and are integral to maintaining the continuing airworthiness of aircraft as mandated by international standards such as Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a crucial role in this framework by assessing and issuing ADs in accordance with Australia's obligations under international conventions and national safety requirements. The 2009 regulation referenced in the explanatory statement pertains to the cancellation of a specific AD for American Champion model aeroplanes, reflecting CASA's commitment to safety and compliance with international airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are essential for ensuring the continuing airworthiness of aircraft as per the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry is mandated to develop or adopt requirements to ensure an aircraft's continuing airworthiness, and CASA must assess and, if necessary, issue Australian ADs when a State of Design issues ADs for aircraft on the Australian Register. This process ensures that the safety standards are met both nationally and internationally, reflecting Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, specifically in the interest of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument, meaning it is subject to certain parliamentary scrutiny as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
These ADs are crucial for ensuring the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design as per Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the State of Registry to ensure the aircraft's safety. The State of Registry, in turn, must implement or adopt requirements to maintain the continuing airworthiness of the aircraft registered within its jurisdiction. For example, if the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this directive and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA, acting as Australia’s national airworthiness authority, issued AD/CHA/8 for American Champion model aeroplanes. However, following an assessment, CASA determined that the unsafe condition identified in AD/CHA/8 no longer existed, leading to the cancellation of this AD. The cancellation took effect on 7 May 2009, and no replacement AD was required as the unsafe condition was no longer present. As this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, there was no requirement for consultation with the Australian public. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was made by the Manager, Airframes and Structures, within the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that any ADs issued are thoroughly evaluated and that CASA acts in accordance with its statutory obligations to maintain aviation safety standards. The authority to issue and cancel ADs underscores CASA’s commitment to ensuring the safety and airworthiness of aircraft operating within Australia.