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 82/1 affecting De Havilland DH 82 (Tiger Moth) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DH 82/1. 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 is the primary piece of legislation governing civil aviation in Australia, aiming to ensure the safety of air navigation. Enacted by the Australian Parliament, the Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which under regulation 39.001, 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, subject to disallowance under the Acts Interpretation Act 1901. The ADs are essential for ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. The ADs facilitate the dissemination of necessary information for maintaining aircraft safety internationally. For example, CASA issued and subsequently cancelled Australian AD/DH 82/1 for De Havilland DH 82 (Tiger Moth) model aeroplanes due to the resolution of the unsafe condition, demonstrating Australia’s commitment to international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations apply to all aircraft and aeronautical products within Australia, with CASA empowered to issue ADs as part of its regulatory functions under section 39.001 of the Civil Aviation Safety Regulations 1998. Airworthiness directives are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The authority to issue such directives is further formalised by the Legislative Instruments Act 2003. In alignment with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for ensuring the airworthiness of individual aircraft within Australia. The process of issuing, amending, or cancelling ADs is integral to fulfilling these responsibilities, as demonstrated by the cancellation of AD/DH 82/1 for De Havilland DH 82 (Tiger Moth) model aeroplanes, which took effect on 23 October 2008, due to the resolution of the unsafe condition identified. The cancellation of this AD was made in accordance with the Civil Aviation Act 1988 by the Manager, Airframe and Structures, within the Airworthiness Engineering Group, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the Act's purposes, while regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives are legislative instruments under section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance under the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft, in line with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type was designed, has the primary responsibility for ensuring the airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
In practice, CASA issued AD/DH 82/1 for De Havilland DH 82 (Tiger Moth) model aeroplanes. However, after reassessment, CASA has cancelled this AD, effective from 23 October 2008. The cancellation was made due to Australia's obligations under the Convention on International Civil Aviation, and it was determined that no replacement AD is required as the unsafe condition no longer exists. This cancellation process was conducted without public consultation, as the Office of Best Practice Regulation determined 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 Civil Aviation Act 1988. This process underscores the importance of international cooperation and compliance with global standards in ensuring air safety. Failure to comply with these ADs or related regulations can lead to significant civil and criminal consequences, including fines and imprisonment, depending on the severity of the breach and its impact on aviation safety.