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-3/26 affecting De Havilland DHC-3 (Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-3/26. 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, Airframe and Structures Manager, 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 Parliament of Australia, serves to govern civil aviation safety across the nation, addressing the need for stringent regulatory oversight to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft types or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to align with the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, with States of Registry ensuring individual aircraft's airworthiness. Consequently, when a State of Design issues an AD, CASA must evaluate and, if necessary, issue an Australian AD to enforce the requirements. In the case of the De Havilland DHC-3 (Otter) model aeroplanes, CASA issued and subsequently cancelled AD/DHC-3/26, as the unsafe condition that prompted the directive no longer exists. This cancellation is in accordance with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and are created in line with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing the information from State of Design ADs and, if deemed necessary, issuing corresponding Australian ADs. The ADs are designed to ensure the continuing airworthiness of aircraft registered in Australia. Notably, AD/DHC-3/26, which affected De Havilland DHC-3 (Otter) model aeroplanes, has been cancelled by CASA due to the resolution of the unsafe condition identified, effective from 20 November 2008, and no replacement AD is required. This cancellation adheres to Australia's obligations under the Convention on International Civil Aviation, and consequently, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as they pertain to the issuance of airworthiness directives (ADs), are found in section 98, which empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the authority for the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. It is essential to note that these ADs, as stipulated in subregulation 39.001(5), are legislative instruments and, as such, are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Furthermore, in line with section 6 of the Legislative Instruments Act 2003, these ADs are considered legislative instruments themselves.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily focus on ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to the appropriate States of Registry to ensure compliance with safety standards. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft. This includes developing or adopting requirements to maintain airworthiness, which may be influenced by ADs issued by the State of Design. In the case of Australia, CASA must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate these requirements.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including the issuance and adherence to ADs, can result in both civil and criminal consequences. Civil penalties may include fines, while criminal penalties can range from fines to imprisonment, depending on the severity of the breach and the specific provisions of the Act. The maximum penalties for non-compliance are not explicitly stated in the provided text, but they can be found in the relevant sections of the Civil Aviation Act 1988. It is also important to note that ADs do not require a Regulatory Impact Statement and are not subject to public consultation when they are cancelled, as was the case with AD/DHC-3/26, which was cancelled on 20 November 2008 due to Australia’s obligations under the Convention on International Civil Aviation.