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 60/1 affecting De Havilland DH60G and DH60M (Moth) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DH 60/1. The cancellation will become effective on 23 October 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, enacted to regulate civil aviation and ensure safety in air navigation, provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislation aims to maintain the safety standards of aircraft and aeronautical products, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design and the State of Registry have responsibilities for the continuing airworthiness of aircraft. The issuance and cancellation of ADs, such as AD/DH 60/1 for De Havilland DH60G and DH60M model aeroplanes, are managed by CASA, reflecting the authority granted under section 98 of the Act. The cancellation of AD/DH 60/1, effective from 23 October 2008, was due to the resolution of the unsafe condition it addressed, and no replacement AD was required. This action was taken in accordance with Australia's international obligations and without public consultation, as deemed unnecessary 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 types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These directives apply to the entities responsible for maintaining the airworthiness of aircraft, including aircraft manufacturers, operators, and regulatory bodies, across the national jurisdiction of Australia. This regulatory framework is designed to align with international standards as set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which designates the State of Design with the primary responsibility for the continuing airworthiness of an aircraft type. Within Australia, the State of Registry holds the responsibility for ensuring the airworthiness of individual aircraft, thus making these regulations applicable to all stakeholders within the Australian aviation industry. The ADs are legislative instruments, and their issuance and cancellation are governed by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. Notably, the cancellation of AD/DH 60/1 for De Havilland DH60G and DH60M (Moth) model aeroplanes was executed due to Australia's adherence to the Convention on International Civil Aviation, with no public consultation or requirement for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to create regulations that serve the Act's purpose and aim to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are critical for maintaining the continuing airworthiness of aircraft, a responsibility held by the State of Design and the State of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. This information is vital for the State of Registry, which must develop or adopt requirements to ensure the safety of the aircraft within its jurisdiction. CASA, acting in accordance with its statutory powers, issued AD/DH 60/1 for De Havilland DH60G and DH60M (Moth) model aeroplanes. However, CASA has subsequently assessed the situation and decided to cancel Australian AD/DH 60/1, effective from 23 October 2008. This cancellation was made due to the resolution of the unsafe condition that prompted the AD's issuance, thus negating the need for a replacement AD.
The cancellation of AD/DH 60/1 has been carried out in line with Australia’s obligations under the Convention on International Civil Aviation. Consequently, there was no requirement for public consultation on this matter, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, within CASA’s Airworthiness Engineering Group, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
The implications of breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can be severe. Any failure to adhere to the airworthiness directives or to meet the continuing airworthiness requirements can result in civil or criminal penalties. The exact nature and severity of these penalties depend on the specific breach and the discretion of the relevant authorities. CASA has the authority to enforce compliance and can take appropriate action against those who do not adhere to the safety regulations, ensuring the highest standards of aviation safety are maintained in Australia.