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 82/8 affecting De Havilland DH 82 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 framework for the regulation of civil aviation in Australia, focusing primarily on the safety of air navigation. This Act empowers the Governor-General to make regulations, including those concerning the safety of aircraft and aeronautical products. One significant aspect of this Act is its provision for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as outlined in the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments intended to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to maintain high safety standards in civil aviation, thereby protecting public safety and reducing regulatory burdens where appropriate.
The Civil Aviation Safety Regulations 1998 further detail the process by which CASA can issue ADs, which are typically issued in response to identified safety issues. The authority to issue these directives is derived from Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and the State of Registry for ensuring the airworthiness of aircraft. This regulatory framework ensures that Australia meets its international obligations while maintaining stringent domestic safety standards. The cancellation of certain ADs, such as AD/DH 82/8, reflects ongoing efforts to streamline regulations and address safety concerns effectively, without the need for public consultation or a Regulatory Impact Statement in certain cases.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, with such directives being classified as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of the ADs extends to all aircraft registered within Australia, aligning with the responsibilities of the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. CASA's authority to issue ADs is exercised in response to directives from the State of Design, which must provide necessary information to maintain the continuing airworthiness of aircraft types. The ADs are integral to ensuring compliance with safety standards, as demonstrated by CASA's issuance of AD/DH 82/8 in 1972, which has since been cancelled based on updated safety assessments and regulatory requirements. The process of AD issuance and cancellation is conducted by CASA, reflecting its role as Australia's national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation require CASA to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. For example, CASA issued AD/DH 82/8 for De Havilland DH 82 model aircraft in 1972. However, following a review, CASA decided to cancel this AD, effective from 17 January 2008, because the original safety issue has been addressed by another AD, AD/GENERAL/74 Amendment 1. No replacement AD is needed, and this cancellation has been determined to reduce regulatory burden.
There are no prescribed offences, penalties, or specific consequences for breaching ADs in the provided text. However, non-compliance with ADs could potentially lead to safety issues, with severe civil or criminal consequences under other provisions of the Civil Aviation Act 1988 or related regulations. The text also notes that no consultation with the Australian public was necessary for this AD cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.