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.
The Civil Aviation Safety Authority or its predecessors issued AD/DH 104/20 affecting De Havilland DH 104 (Dove) model aeroplanes fitted with Dunlop landing gear actuators Part Number AH 8463 and AC 11130. CASA has assessed this AD and as a result has cancelled Australian AD/DH 104/20. The cancellation will become effective on 20 November 2008. 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 was enacted to establish a regulatory framework for the safety and efficiency of civil aviation in Australia. It grants the authority to issue regulations aimed at ensuring the safety of air navigation, among other objectives. Complementing this Act, the Civil Aviation Safety Regulations 1998 provide further details on how safety is to be maintained, including the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. ADs are considered legislative instruments and are issued by the Civil Aviation Safety Authority (CASA) under the authority delegated by the Governor-General. These regulations and directives are designed to align with international standards set by the International Civil Aviation Organization (ICAO), particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988, through CASA, ensures that Australia's civil aviation safety regulations are consistent with international obligations, thereby maintaining high safety standards and facilitating global cooperation in aviation safety.
Scope and Application
The Civil Aviation Act 1988 provides the framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Authority (CASA) acting under the authority of this Act to ensure the safety of air navigation. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the power to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901. The ADs serve as a critical tool for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. These directives are essential for ensuring compliance with international standards and practices, as the State of Design is responsible for providing necessary information to States of Registry, which in turn are tasked with developing or adopting requirements to ensure the airworthiness of aircraft under their jurisdiction. The cancellation of AD/DH 104/20, which affected De Havilland DH 104 (Dove) model aeroplanes with specific landing gear actuators, reflects CASA's commitment to international obligations and its role in maintaining safety standards in Australia's aviation sector.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal framework for the issuance of airworthiness directives (ADs). According to these provisions, the Governor-General, through the Civil Aviation Safety Authority (CASA), has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure air navigation safety. Under the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003 (section 6), these ADs are considered disallowable instruments and legislative instruments, respectively.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to issue ADs as necessary for maintaining the safety of air navigation. Furthermore, under Annex 8 of the Convention on International Civil Aviation, the State of Design (the country where the aircraft type is designed) is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry (countries where individual aircraft are registered). The State of Registry is also responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft. In Australia, CASA is responsible for issuing ADs in accordance with these regulations and obligations.
Failure to comply with ADs may result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil penalties. The maximum penalty for a corporation under section 100 of the Act is $1,000,000, while the penalty for an individual is $200,000 under section 101. In addition to financial penalties, non-compliance with ADs can result in criminal charges under section 102 of the Act, with a maximum penalty of five years imprisonment. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation in Australia.