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.
CASA issued AD/DH 60/2 affecting De Havilland DH 60 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legislative framework for ensuring the safety of air navigation within the country. This act empowers the Governor-General to issue regulations that serve the interests of aviation safety. The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are intended to ensure the ongoing airworthiness of aircraft and are in line with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. As a legislative instrument, an AD is subject to disallowance by Parliament under section 46A of the Acts Interpretation Act 1901. The objective of the AD cancellation, issued by CASA, is to reduce the regulatory burden and streamline aviation safety requirements without necessitating further consultation with the public or the preparation of a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory power is further nuanced by the requirement that ADs be considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments as per the Legislative Instruments Act 2003. The application of this Act extends to ensuring compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, and that States of Registry must implement measures to maintain airworthiness. In practice, this means that when a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue corresponding Australian ADs to enforce these requirements. This legislation applies to all aircraft registered in Australia and encompasses all entities involved in the design, manufacture, maintenance, and operation of these aircraft.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Complementing this, 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. Importantly, subregulation 39.001(5) clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are centred on ensuring the safety and airworthiness of aircraft. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure that the aircraft type remains airworthy. The State of Registry, which is the country where the aircraft is registered, must implement or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD for an aircraft type registered in Australia, CASA, as the national airworthiness authority, is tasked with assessing this information and, if necessary, issuing an Australian AD to enforce the requirements of the State of Design.
In the case of AD/DH 60/2, which pertains to De Havilland DH 60 model aircraft, CASA issued the directive in 1972. However, after a review, CASA has decided to cancel this AD, effective from 17 January 2008. This cancellation does not necessitate a replacement AD, as the original safety concern has been addressed by AD/GENERAL/74 Amendment 1. Given that the cancellation results in a reduction of the regulatory burden, no consultation with the Australian public was deemed necessary. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
Failure to comply with the requirements set out in an airworthiness directive can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines. The severity of these penalties depends on the nature and extent of the breach, with potential maximum penalties being substantial, particularly for serious breaches that endanger safety. Moreover, criminal penalties may apply for more egregious violations, resulting in imprisonment or higher fines. CASA enforces these provisions rigorously to ensure that all aircraft operating in Australian airspace meet the necessary safety standards.