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-6/28 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/28. 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, 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 established to regulate civil aviation and ensure the safety and efficiency of air navigation within Australia. The Act provides a legal framework for the operation of civil aviation and allows for the creation of regulations necessary for maintaining the safety of air navigation. One of the key provisions of the Act is the authority for the Governor-General to make regulations that support these objectives. In line with this, the Civil Aviation Safety Regulations 1998, which were also enacted by the Parliament, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that play a critical role in ensuring the continuing airworthiness of aircraft, in accordance with international standards set by the Convention on International Civil Aviation. The process of issuing and cancelling ADs is integral to maintaining the safety and regulatory compliance of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to all entities and individuals involved in the operation, maintenance, and certification of aircraft within Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are instrumental in ensuring the safety of air navigation and are considered legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901. The ADs are integral to fulfilling Australia's obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design and State of Registry share responsibilities for the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must act on directives issued by the State of Design, thereby issuing corresponding Australian ADs. The AD/DHC-6/28 concerning De Havilland DHC-6 (Twin Otter) model aeroplanes, issued and subsequently cancelled by CASA, exemplifies this regulatory process. The cancellation, due to the resolution of the unsafe condition identified, did not require public consultation or a Regulatory Impact Statement. This AD was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products under section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the type of aircraft, must provide necessary information to ensure its airworthiness, and the State of Registry must then develop or adopt requirements to enforce these directives. This process ensures that aircraft remain safe and compliant with international standards.
Entities governed by these regulations, such as aircraft manufacturers and operators, have specific obligations to adhere to the ADs issued by CASA. These obligations include ensuring that any identified unsafe conditions are addressed promptly and that the aircraft are maintained in a condition that meets the safety standards set forth in the ADs. Failure to comply with these directives can lead to serious safety risks and may result in penalties, including fines or other regulatory actions.
In the case of breach of these obligations, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for various offences and penalties. The severity of these penalties can vary depending on the nature and extent of the breach. For instance, under section 24 of the Civil Aviation Act 1988, a person who contravenes certain safety regulations may be liable to a penalty of up to $222,200 for a corporation or $44,440 for an individual. Additionally, under section 26 of the same Act, a person who is found guilty of a serious offence may face imprisonment for up to two years. The precise penalties are determined by the severity of the breach and the specific provisions of the Act that have been contravened.