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-1/4 affecting all English production De Havilland DHC-1 (Chipmunk) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-1/4. The cancellation will become effective on 23 October 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, was established to ensure the safety and efficiency of civil aviation within Australia. It provides the legislative framework for regulating various aspects of civil aviation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the implementation of these directives under regulation 39.001, empowering CASA to issue ADs concerning specific types of aircraft or aeronautical products. This legislative mechanism allows CASA to mandate safety measures and compliance with airworthiness standards, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly those outlined in Annex 8 regarding the continuing airworthiness of aircraft. The cancellation of AD/DHC-1/4 affecting De Havilland DHC-1 (Chipmunk) model aeroplanes exemplifies how CASA exercises its authority to address safety concerns, ensuring that the aviation industry adheres to the highest safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, and are instrumental in maintaining the continuing airworthiness of aircraft. Such regulations are applicable to all entities involved in the operation, maintenance, or manufacture of the specified aircraft and aeronautical products within Australia, encompassing both domestic and international entities operating within the Australian jurisdiction. The ADs are legislative instruments under the Legislative Instruments Act 2003 and must comply with the disallowance provisions outlined in the Acts Interpretation Act 1901. Notably, the issuance and enforcement of these directives are aligned with international standards as set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design and State of Registry bear responsibilities for ensuring the airworthiness of aircraft types. Any ADs issued by CASA are subject to the legislative framework and must adhere to the international obligations of Australia under the Convention.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure that the aircraft meet necessary safety standards and are airworthy. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
These airworthiness directives carry obligations for the parties involved, including aircraft manufacturers, operators, and maintenance providers. The State of Design, which is responsible for the initial design of the aircraft, must provide necessary information to ensure the aircraft’s continuing airworthiness to the State of Registry. The State of Registry, which registers the aircraft, must then develop or adopt requirements to ensure the aircraft remains airworthy. In the case of Australia, CASA has the authority to issue and cancel ADs, as exemplified by the cancellation of AD/DHC-1/4, which affected English production De Havilland DHC-1 (Chipmunk) model aeroplanes.
Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design and the State of Registry share responsibilities to ensure an aircraft's continuing airworthiness. ADs are crucial tools for communicating safety-related information and ensuring compliance with international standards. CASA issued AD/DHC-1/4, but subsequently cancelled it due to the unsafe condition no longer existing, effective from 23 October 2008. The cancellation of this AD was made in line with Australia's international obligations and did not require public consultation or a Regulatory Impact Statement.
The cancellation of AD/DHC-1/4 did not result in any replacement AD being issued, as the unsafe condition that prompted the directive no longer exists. This decision 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. The ADs and their cancellations do not typically involve public consultation or require a Regulatory Impact Statement due to their technical nature and the specific obligations of the involved states under the Convention on International Civil Aviation.