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-3/22 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/22. 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, enacted by the Australian Parliament, governs the safety and regulation of civil aviation within Australia. This legislation provides a comprehensive framework for ensuring the safety of air navigation and the airworthiness of aircraft. One of the significant functions under this Act is the authority of the Governor-General to make regulations for the purposes of the Act, specifically to enhance air navigation safety. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments that address safety issues related to specific types of aircraft or aeronautical products, ensuring compliance with international standards and fostering the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as an extension of 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. These directives are designed to ensure the ongoing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, which places the burden on the State of Design to provide necessary information for maintaining airworthiness. In Australia, CASA, as the national airworthiness authority, is tasked with evaluating and issuing ADs in response to directives from the State of Design, thereby ensuring compliance with international standards. The ADs serve as critical legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and classified as legislative instruments under the Legislative Instruments Act 2003. The recent cancellation of Australian AD/DHA-3/22 for De Havilland DHA-3 model aeroplanes exemplifies CASA's role in responding to international obligations and ensuring that no longer existent unsafe conditions remain mandated.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as referenced in the explanatory statement, include section 98 of the Act, which empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations, which grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs). Subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument in accordance with the Legislative Instruments Act 2003. The State of Design, which is the country where the aircraft type is designed, has a responsibility under Annex 8 to the Convention on International Civil Aviation to provide any necessary information to ensure the continuing airworthiness of the aircraft type, and ADs are a common form of this information.
The obligations imposed by these provisions on CASA and other parties are significant. CASA, as Australia's national airworthiness authority, must assess information provided by the State of Design when an AD is issued against a type of aircraft on the Australian Register and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. The State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. Furthermore, the State of Design has the responsibility to provide any necessary information to ensure the continuing airworthiness of the aircraft type.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in civil or criminal consequences. While specific offences, penalties, or consequences for breach are not detailed in the explanatory statement, it is implied that non-compliance with airworthiness directives and the requirements of the Act and Regulations could result in legal action, fines, or other penalties as determined by the relevant authorities. The maximum penalties for breaches of aviation safety regulations can vary, but they may include substantial fines and, in some cases, imprisonment.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to issue airworthiness directives based on assessments of information provided by the State of Design, mandate continuing airworthiness requirements, and ensure compliance with international aviation standards. The obligations on CASA, the State of Design, and the State of Registry are critical to maintaining the safety of air navigation. While specific penalties for non-compliance are not detailed, failure to adhere to these provisions can result in serious legal consequences.