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.
CASA issued AD/DHC-3/27 affecting De Havilland Canada DHC-3 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, addressing the need for comprehensive legal frameworks to ensure the safety and efficiency of civil aviation. This legislation empowers the Governor-General to make regulations that promote air navigation safety, as illustrated by the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate requirements for the continuing airworthiness of aircraft types, ensuring compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives to maintain safety standards, as seen in the cancellation of AD/DHC-3/27 for De Havilland Canada DHC-3 model aircraft, effective from 17 January 2008. This decision reflects CASA's ongoing commitment to safety by addressing and mitigating risks associated with aircraft operation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products and are issued under the authority granted by section 98 of the Act. Such directives are integral to the ongoing maintenance of airworthiness as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry, such as CASA in Australia, ensures that the aircraft complies with airworthiness standards. CASA issues these directives to mandate compliance with international standards and ensure the safety of aircraft registered in Australia. The ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. In the case of AD/DHC-3/27 affecting De Havilland Canada DHC-3 model aircraft, CASA has decided to cancel the directive, effective from 17 January 2008, due to the resolution of the original unsafe condition by another directive, AD/GENERAL/74 Amendment 1. This cancellation was made without public consultation as it reduces regulatory burden, and it does not require a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (sections 98) allows the Governor-General to make regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. In accordance with section 6 of the Legislative Instruments Act 2003, an AD is considered a legislative instrument. Annex 8 to the Convention on International Civil Aviation outlines the responsibility of the State of Design in ensuring the continuing airworthiness of an aircraft type, mandating the provision of necessary information to States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must implement requirements to maintain this airworthiness. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Under these provisions, CASA issued AD/DHC-3/27 for De Havilland Canada DHC-3 model aircraft in 1972. Following a review, CASA decided to cancel this AD, effective from 17 January 2008. This cancellation does not require consultation with the Australian public because it reduces the regulatory burden. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by these regulations are primarily on CASA and the States of Design and Registry. CASA must review and issue ADs based on the assessments of States of Design, ensuring compliance with international standards for airworthiness. The States of Design must provide comprehensive information to States of Registry to maintain the safety and airworthiness of aircraft types. States of Registry are responsible for developing and adopting requirements to ensure the continuing airworthiness of individual aircraft registered within their jurisdiction. These obligations ensure that aircraft meet the necessary safety standards and that any identified issues are promptly addressed.
Failure to comply with the requirements set out in the ADs can lead to civil or criminal consequences. Under section 43 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalty for an individual offender can be up to $162,000, while a corporate offender can face a penalty of up to $810,000. Additionally, CASA has the authority to issue infringement notices under section 84A of the Act for minor breaches, with penalties not exceeding $2,200 for individuals and $11,000 for corporations. These penalties reflect the seriousness of non-compliance with airworthiness directives and the potential risks to public safety.