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-6/2 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/2. 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 comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of the industry. Section 98 of this Act allows the Governor-General to make regulations necessary for the safety of air navigation, while the Civil Aviation Safety Regulations 1998 further detail the mechanisms by which these regulations are implemented. One such regulation is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which serve as a means to mandate continuing airworthiness of aircraft and aeronautical products. These ADs are issued in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design responsibility for ensuring the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, is responsible for implementing these requirements on an individual aircraft basis. The cancellation of AD/DHC-6/2 for De Havilland DHC-6 (Twin Otter) model aeroplanes is a direct consequence of Australia's obligations under this international convention, and no public consultation was deemed necessary as the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under these laws, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products, which are legislative instruments that must be assessed and potentially adopted from ADs issued by the State of Design. CASA, acting as Australia’s national airworthiness authority, is obligated to evaluate any AD issued by a State of Design that pertains to aircraft registered in Australia. This process ensures that all aircraft in Australia meet the necessary safety standards. The geographic reach of these regulations is national, as they apply to all aircraft registered in Australia, regardless of the location of their design or manufacture. The application of these regulations is not limited by state boundaries but is enforced uniformly across the country to maintain consistent safety standards. Exclusions or thresholds are not explicitly stated in the provided text, but the issuance and cancellation of ADs are contingent on the continuing airworthiness of aircraft, as determined by CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and potentially mandated in Australia, as per Annex 8 of the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry.
The obligations under this legislation include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must assess this information and issue Australian ADs when required. These ADs mandate specific requirements to address any unsafe conditions identified. For instance, AD/DHC-6/2, which affected De Havilland DHC-6 (Twin Otter) model aeroplanes, was assessed by CASA and subsequently cancelled due to the resolution of the unsafe condition. This cancellation reflects Australia's commitment to international obligations under the Convention on International Civil Aviation.
Failure to comply with ADs can lead to serious consequences. Although the Act does not specify particular offences or penalties for non-compliance with ADs, general aviation safety regulations include provisions for enforcement and penalties. Non-compliance could result in enforcement actions by CASA, including fines or other penalties as stipulated in the Civil Aviation Act 1988 and related regulations. Furthermore, failure to adhere to ADs may compromise the airworthiness of an aircraft, potentially leading to civil liability for accidents or incidents resulting from non-compliance.
The legislative process for ADs in Australia does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. ADs are issued by authorised personnel within CASA, such as the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This streamlined process ensures that safety measures are promptly implemented without unnecessary administrative delays.