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.
The Civil Aviation Safety Authority or its predecessors issued AD/DHA-3/17 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/17. 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, efficiency and orderly development of civil aviation in Australia. It was introduced to address the need for comprehensive legislation to regulate civil aviation in the country, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In accordance with the Act, the Civil Aviation Safety Authority (CASA) is responsible for issuing airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments and are issued in compliance with Annex 8 to the Convention on International Civil Aviation. The State of Design has overall responsibility for continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. CASA issued AD/DHA-3/17 affecting De Havilland DHA-3 (Drover) model aeroplanes, which has now been cancelled due to the unsafe condition no longer existing. The AD cancellation is in accordance with Australia’s obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft and are issued in accordance with the standards set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the airworthiness of individual aircraft, must comply with ADs issued by the State of Design to maintain the safety standards of the aircraft type. The AD/DHA-3/17 affecting De Havilland DHA-3 (Drover) model aeroplanes, issued by CASA, has been assessed and subsequently cancelled as the unsafe condition no longer exists, effective from 20 November 2008. The cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and as such, did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that serve the Act's objectives and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions highlight the formal process by which ADs are created and their legal standing.
The obligations imposed by these regulations extend to various parties. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to States of Registry to maintain airworthiness. The State of Registry, in turn, must develop or adopt requisite requirements to ensure that individual aircraft remain airworthy. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and issue an Australian AD if it determines that the safety requirements need to be enforced within Australia.
In accordance with these regulations, CASA issued AD/DHA-3/17 concerning De Havilland DHA-3 (Drover) model aeroplanes, which has since been assessed and subsequently cancelled. The cancellation, effective from 20 November 2008, signifies that the unsafe condition addressed by the AD no longer exists, hence no replacement AD is required. This action aligns with Australia's obligations under the Convention on International Civil Aviation, and because of this, no public consultation on the cancellation was conducted. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
Breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, they generally encompass both civil and criminal liabilities. Civil penalties may include fines, while criminal penalties can result in imprisonment, reflecting the high stakes associated with aviation safety. The precise penalties would be determined by the nature and severity of the breach, in accordance with relevant Australian laws.