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
The Civil Aviation Safety Authority or its predecessors issued AD/DHC-1/1 affecting De Havilland DHC-1 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-1/1. The cancellation will become effective on
25 September 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 a comprehensive framework for the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under section 98. The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for ADs, establishing them as legislative instruments under the Acts Interpretation Act 1901. The ADs are issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types, aligning with international standards set forth in Annex 8 of the Convention on International Civil Aviation. Recently, CASA cancelled Australian AD/DHC-1/1 affecting De Havilland DHC-1 model aeroplanes, effective from 25 September 2008, as the unsafe condition identified by the directive no longer exists. This cancellation reflects Australia's commitment to international civil aviation standards and obligations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to make regulations for this purpose, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design and the State of Registry responsibilities for maintaining airworthiness. CASA has the authority to issue, assess, and cancel ADs, as exemplified by the cancellation of AD/DHC-1/1 for De Havilland DHC-1 model aeroplanes due to Australia's obligations under the Convention on International Civil Aviation. This cancellation, effective from 25 September 2008, does not require a Regulatory Impact Statement or public consultation, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations that serve the Act’s purpose and ensure the safety of air navigation. This provision enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments, as per section 46A of the Acts Interpretation Act 1901, and must adhere to the Legislative Instruments Act 2003.
In terms of obligations, the State of Design, under Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure the airworthiness of the type to the appropriate States of Registry. Conversely, the State of Registry of an individual aircraft is responsible for ensuring that the aircraft remains airworthy, a responsibility that involves developing or adopting requirements to maintain the aircraft's airworthiness as stipulated in Annex 8.
Failure to comply with the ADs can lead to civil and criminal consequences, although the specific provisions detailing these consequences are not explicitly mentioned in the provided text. The text does mention that the AD/DHC-1/1 concerning De Havilland DHC-1 model aeroplanes was cancelled because the unsafe condition no longer existed. This cancellation followed Australia's obligations under the Convention on International Civil Aviation and did not involve consultation with the Australian public. Additionally, the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was 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.