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-3/23 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/23. 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 Commonwealth Parliament, is designed to regulate civil aviation in Australia with a primary focus on ensuring safety. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation. The Act ensures that CASA, as the national airworthiness authority, can mandate necessary safety measures by issuing ADs based on assessments of international directives, thus protecting public safety and fulfilling Australia's international commitments.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are binding regulations aimed at ensuring the safety and airworthiness of aircraft registered in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enables CASA to issue ADs for particular kinds of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are integral to the continuing airworthiness of aircraft as they mandate compliance with safety standards and are issued by states in accordance with the Convention on International Civil Aviation. In Australia, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, and CASA, as the national airworthiness authority, must assess and implement ADs issued by the State of Design when they pertain to aircraft on the Australian Register. The issuance, assessment, and cancellation of ADs are conducted by CASA in accordance with the relevant statutory provisions, and these actions do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness in Australia. Section 98 of the Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments that become effective in accordance with the requirements of the Legislative Instruments Act 2003 (section 6).
In accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, the State of Design has a primary responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to ensure that the type remains airworthy. The State of Registry, on the other hand, is responsible for ensuring the continuing airworthiness of individual aircraft registered within its territory. When the State of Design issues an AD, CASA, as the national airworthiness authority, must assess the information and, if appropriate, issue a corresponding Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority has issued, and subsequently cancelled, Australian AD/DHA-3/23, which affected De Havilland DHA-3 (Drover) model aeroplanes. This cancellation was based on CASA's assessment of the AD, and the unsafe condition that prompted the AD no longer exists. Consequently, no replacement AD is required, and no consultation with the Australian public or the preparation of a Regulatory Impact Statement was necessary, as determined by the Office of Best Practice Regulation. 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 Act.
Under the Civil Aviation Safety Regulations 1998, entities such as aircraft operators and maintenance service providers must comply with ADs and ensure that the requirements are met for the aircraft in their care. Failure to comply with an AD may result in the aircraft being deemed unairworthy, which could lead to severe civil or criminal consequences. CASA may impose administrative penalties for non-compliance with an AD, including fines of up to $330,000 for individuals and $1.65 million for corporations, as well as potential criminal charges which could result in imprisonment. Additionally, CASA has the authority to suspend or revoke airworthiness certificates, which would effectively ground an aircraft until compliance is achieved.