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-2/17 affecting De Havilland DHC-2 (Beaver) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-2/17. 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 was enacted to establish a framework for the regulation of civil aviation in Australia, with a particular emphasis on ensuring the safety of air navigation. This legislation empowers the Governor-General to create regulations that support the overarching objectives of the Act, including the maintenance of high safety standards within the civil aviation sector. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 further delineate the regulatory landscape, with regulation 39.001 specifically authorising the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to maintain the airworthiness of aircraft and aeronautical products. The policy objective of these regulations is to align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its obligations to maintain the continuing airworthiness of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003, and serve as a means for the State of Registry to maintain the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation. The Act applies to entities involved in the operation, design, and maintenance of aircraft within Australia, as well as to aircraft registered in the country. The application of the ADs extends to ensuring that aircraft meet the required safety standards, and their scope is determined by CASA, reflecting Australia's commitment to international civil aviation safety standards. The ADs may be subject to cancellation if the unsafe conditions they were designed to address no longer exist, as evidenced by the cancellation of Australian AD/DHC-2/17 for De Havilland DHC-2 (Beaver) model aeroplanes on 23 October 2008.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, grants the Governor-General the authority to enact regulations aimed at ensuring the safety of air navigation. One such regulation, found in 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 ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and as such, they are subject to disallowance provisions under section 46A of the Acts Interpretation Act 1901, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
Under these provisions, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the ongoing airworthiness of the aircraft type to the relevant States of Registry. The State of Registry, in turn, is accountable for the airworthiness of an individual aircraft, and must establish or adopt requisite measures to maintain this airworthiness. This regulatory framework is reflected in the issuance of AD/DHC-2/17 by CASA for De Havilland DHC-2 (Beaver) model aeroplanes. However, CASA has since assessed and subsequently cancelled Australian AD/DHC-2/17, with the cancellation set to become effective on 23 October 2008. This cancellation was due to the resolution of the unsafe condition that initially prompted the AD, and no replacement AD is deemed necessary.
The process leading to the cancellation of AD/DHC-2/17 was driven by Australia’s obligations under the Convention on International Civil Aviation, and therefore, no consultation with the Australian public was conducted regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of potential breaches and associated consequences, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties directly related to the issuance or compliance with airworthiness directives. However, non-compliance with ADs may lead to significant safety risks and could result in enforcement actions under the Civil Aviation Act 1988, including the imposition of fines and potential criminal penalties for serious violations. Such actions are typically taken to ensure adherence to aviation safety standards and to mitigate any risks to public safety.