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/DHA-3/26 affecting De Havilland Australia DHA-3 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a unified legal structure to ensure safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and in this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for various types of aircraft and aeronautical products. These directives, which are legislative instruments, aim to ensure the continuing airworthiness of aircraft by mandating specific requirements, thus fulfilling the policy objective of maintaining high safety standards in the aviation sector. The Civil Aviation Safety Regulations 1998 have been instrumental in implementing this objective by providing the necessary regulatory framework for CASA to issue and manage airworthiness directives effectively.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 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, with these directives being legislative instruments as per the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, aligning with the obligations of the State of Design under Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, must ensure that aircraft on the Australian Register comply with these directives. For instance, CASA issued AD/DHA-3/26 in 1972 for De Havilland Australia DHA-3 model aircraft, which has now been cancelled due to the original unsafe condition being addressed by another directive, AD/GENERAL/74 Amendment 1. This cancellation, which will take effect on 17 January 2008, does not require public consultation or a Regulatory Impact Statement, as it reduces regulatory burden. The directive was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key operative sections of this legislation include section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation primarily rest on CASA, as Australia's national airworthiness authority. CASA is mandated to assess any airworthiness information provided by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft types registered in Australia. This involves a rigorous evaluation process to ensure compliance with safety standards and regulatory requirements. Additionally, the State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as stipulated under Annex 8 of the Convention on International Civil Aviation.
Failure to comply with the ADs or any regulatory requirements outlined in this legislation can result in civil or criminal penalties. While the specific penalties are not detailed in the text provided, the general legal framework suggests that non-compliance could lead to enforcement actions, fines, or other regulatory sanctions. The severity of the penalties would depend on the nature and extent of the breach, as well as any resulting harm or risk to aviation safety.
CASA has the authority to cancel ADs if the conditions warrant it, such as when the original unsafe condition addressed by the AD is no longer applicable. The text mentions that CASA has reviewed and decided to cancel AD/DHA-3/26, which affected De Havilland Australia DHA-3 model aircraft. This cancellation will take effect on 17 January 2008, and no replacement AD is required as the issue has been addressed by another regulation. Importantly, no public consultation was necessary for this cancellation because it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The 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.