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 104/8 Amdt 1 affecting De Havilland DH 104 (Dove) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DH 104/8 Amdt 1. 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 provide for the safety of civil aviation in Australia, with a particular emphasis on air navigation and aircraft airworthiness. The Act empowers the Governor-General to create regulations in the interest of aviation safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs serve as a mechanism for ensuring the continuing airworthiness of aircraft in line with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The objective of these regulations and the ADs issued under them is to maintain high safety standards in civil aviation, aligning with Australia's obligations under international conventions such as the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations. These ADs are legislative instruments that fall under the purview of disallowance as per the Acts Interpretation Act 1901 and are subject to the requirements of the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design, which must provide necessary information to ensure airworthiness, and the State of Registry, which must implement requirements to maintain the airworthiness of individual aircraft. This legislative structure aligns with Annex 8 to the Convention on International Civil Aviation, which outlines the obligations of States in ensuring aircraft airworthiness. In this specific instance, CASA has cancelled an existing AD for De Havilland DH 104 (Dove) model aeroplanes, reflecting the resolution of the unsafe condition that initially prompted the directive. This cancellation, made in compliance with Australia's international obligations, did not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to enact regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant. The State of Design, which is typically the manufacturer of the aircraft, holds primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to ensure that aircraft remain airworthy. Meanwhile, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of each aircraft within its jurisdiction. These requirements often take the form of ADs, which are intended to address and rectify any safety issues identified with specific aircraft types.
In practical terms, the Civil Aviation Safety Authority (CASA) has issued and subsequently cancelled an airworthiness directive (AD/DH 104/8 Amdt 1) for De Havilland DH 104 (Dove) model aeroplanes. The cancellation was effective from 20 November 2008, and no replacement AD was required as the unsafe condition identified in the original directive no longer existed. This action aligns with Australia's obligations under the Convention on International Civil Aviation, which stipulates that States of Design and Registry must collaborate to maintain airworthiness standards.
Given that the AD was cancelled due to international obligations and not as a result of domestic policy changes, no public consultation was deemed necessary. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The Manager, Airframe and Structures, in the Airworthiness Engineering Group, issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the associated regulations can result in civil or criminal penalties. The specifics of these penalties depend on the nature and severity of the breach, but they can include fines and, in more serious cases, imprisonment. The exact penalties are not detailed in the provided text, but they are subject to the broader legal framework governing aviation safety in Australia.