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-3/28 affecting De Havilland DHC-3 (Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-3/28. 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 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 for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under section 98 of this Act, the Governor-General has the authority to make regulations that align with the Act's objectives, specifically concerning the safety of air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. As legislative instruments, these ADs are subject to disallowance and are regulated under the Legislative Instruments Act 2003. The ADs are critical in upholding the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design must provide necessary information to the States of Registry to ensure aircraft safety. In the context of Australian obligations under this international convention, CASA, acting as the national airworthiness authority, is responsible for assessing foreign ADs and, if necessary, issuing corresponding Australian ADs to address any identified safety concerns.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that govern the safety and airworthiness of aircraft within Australia. These directives apply to specific types or models of aircraft and aeronautical products, ensuring they meet safety standards. The application of these regulations extends to all aircraft registered in Australia, irrespective of the aircraft's country of origin or the location of its manufacture. As a legislative instrument, the ADs are subject to disallowance under the Acts Interpretation Act 1901 and are overseen by the Legislative Instruments Act 2003. The scope of these regulations aligns with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, is responsible for ensuring these international standards are met within the Australian jurisdiction. The application of these regulations is comprehensive, covering all relevant aircraft and aeronautical products within the Australian airspace, without specific exclusions or thresholds as outlined in the regulations. However, the issuance and enforcement of ADs may be further defined or expanded through subordinate instruments as necessary.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under section 39.001(5) of these Regulations. This regulatory framework ensures the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's international obligations under Annex 8 to the Convention on International Civil Aviation. The ADs serve as critical instruments to maintain safety standards across the aviation industry. A specific AD/DHC-3/28, which was issued for De Havilland DHC-3 (Otter) model aeroplanes, has been cancelled by CASA, reflecting a resolution of the previously identified unsafe conditions. This cancellation is effective from 20 November 2008 and does not necessitate a replacement AD.
Entities governed by these provisions, particularly aircraft operators, must adhere to ADs issued by CASA. These directives often include mandatory maintenance checks, repairs, or modifications to ensure the aircraft remain airworthy. Operators must comply with these requirements within specified timeframes to maintain the safety and operational integrity of their aircraft. The State of Registry, typically CASA, holds the responsibility for ensuring these directives are implemented and enforced. This includes monitoring compliance and taking corrective action when necessary.
Failure to comply with ADs can result in serious consequences. Civil penalties may be imposed, including fines and potential grounding of non-compliant aircraft. In severe cases, CASA may initiate enforcement actions which could lead to criminal charges. The maximum penalties for such offences can include substantial fines and imprisonment. Ensuring compliance with ADs is therefore crucial to avoid these severe repercussions and to uphold the high safety standards mandated by Australian aviation law.