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/DHC-3/19 affecting De Havilland DHC-3 (Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-3/19. 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, Systems and New Technologies, 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 legislative framework for the regulation of civil aviation in Australia, addressing the need for safety standards and regulatory oversight in the aviation industry. The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism is designed to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of the Act, as reflected in the issuance and cancellation of ADs, is to maintain the highest safety standards in civil aviation, aligning with Australia's obligations under the Convention on International Civil Aviation. The legislative process for issuing ADs, including the cancellation of AD/DHC-3/19 for De Havilland DHC-3 (Otter) model aeroplanes, is conducted by CASA, as the national airworthiness authority, ensuring compliance with international standards and the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, under which the Civil Aviation Safety Authority (CASA) can mandate compliance with specific airworthiness requirements for certain types of aircraft or aeronautical products. This applies to aircraft registered in Australia, ensuring adherence to the continuing airworthiness standards as mandated by the State of Registry. CASA, as Australia’s national airworthiness authority, assesses information provided by the State of Design and, when necessary, issues Australian ADs to enforce these standards. Notably, ADs are considered legislative instruments under the Legislative Instruments Act 2003, and their issuance is governed by Annex 8 to the Convention on International Civil Aviation, which stipulates the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft types. The ADs are not subject to public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The Civil Aviation Act 1988 (hereafter referred to as the "Act") empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation, under section 98 (1). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 (hereafter referred to as the "Regulations") allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. As per subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Act, the State of Design is tasked with maintaining the continuing airworthiness of an aircraft type, and must provide necessary information to ensure this, in accordance with Annex 8 to the Convention on International Civil Aviation. ADs are a prevalent means of disseminating this information, and they are issued by most ICAO Contracting States. The State of Registry, in this case CASA as Australia's national airworthiness authority, has the responsibility to ensure the continuing airworthiness of an individual aircraft and must develop or adopt requirements to that effect, as outlined in Annex 8. If a State of Design issues an AD concerning a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In accordance with the Act, CASA has assessed and subsequently cancelled Australian AD/DHC-3/19, which pertained to De Havilland DHC-3 (Otter) model aeroplanes. This cancellation is effective as of 20 November 2008, and no replacement AD is necessary as the unsafe condition no longer exists. The cancellation of the AD has been executed due to Australia's obligations under the Convention on International Civil Aviation, and no public consultation has been conducted regarding this cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. In terms of offences and penalties, any breach of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 may result in civil or criminal consequences, depending on the nature and severity of the breach. Specific offences and penalties are detailed within the respective sections of the Act and Regulations, and may include fines or imprisonment for serious breaches.