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-6/22 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/22. 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, enacted by the Parliament of Australia, was introduced to ensure the safety and efficiency of civil aviation within the country. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuing of airworthiness directives. These directives are vital for maintaining the continuing airworthiness of aircraft, aligning with the obligations set out under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the procedures for issuing such directives. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, is responsible for assessing and implementing airworthiness directives issued by the State of Design, ensuring compliance with international standards and local regulations. The cancellation of AD/DHC-6/22 affecting De Havilland DHC-6 model aeroplanes exemplifies CASA's role in addressing specific safety concerns and ensuring that airworthiness directives are current and relevant.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued and managed in Australia. These regulations apply to all aircraft registered in Australia and to any aeronautical products used on those aircraft, thereby impacting aircraft manufacturers, operators, and maintenance providers. The geographic scope of these regulations is national, as Australia is a signatory to the Convention on International Civil Aviation, and they must align with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, has the responsibility to issue ADs that mandate requirements for ensuring the continuing airworthiness of aircraft registered in Australia. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The process of issuing or cancelling an AD, such as AD/DHC-6/22 for De Havilland DHC-6 (Twin Otter) model aeroplanes, involves CASA assessing the information provided by the State of Design and ensuring compliance with international obligations. This process may not always require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by CASA on behalf of the Governor-General, in accordance with the Civil Aviation Act 1988, and are instrumental in maintaining the safety standards of air navigation in Australia.
Key Provisions
The Civil Aviation Act 1988, as amended, empowers the Governor-General to create regulations that facilitate the safety of air navigation (section 98). Pursuant to this authority, the Civil Aviation Safety Regulations 1998 (section 39.001) provide that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 (section 6) because they are disallowable instruments as per the Acts Interpretation Act 1901 (section 46A). Section 39.001(5) further clarifies that ADs fall under this category.
Under the Convention on International Civil Aviation, the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, and must supply any necessary information to States of Registry to uphold this responsibility. The State of Registry, in turn, must implement or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
An example of this regulatory process is the issuance and subsequent cancellation of Australian AD/DHC-6/22, which pertained to De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA reviewed the AD and concluded that the unsafe condition it addressed no longer existed, leading to the cancellation of the Australian AD on 20 November 2008. No further AD was required as the unsafe condition had been resolved. It is important to note that as this AD cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation was conducted, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The Manager, Systems and New Technologies, in the Airworthiness Engineering Group, issued this AD on behalf of CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that ADs are issued with due consideration of international obligations and domestic regulatory frameworks.