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-6/29 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/29. 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 ensuring the safety of air navigation in Australia. It empowers the Governor-General to make regulations for this purpose, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of this legislation is to maintain the highest possible safety standards in civil aviation, in line with Australia’s commitments under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must ensure that aircraft on the Australian Register meet these international standards by assessing and, if necessary, issuing ADs. In this context, the cancellation of Australian AD/DHC-6/29 for De Havilland DHC-6 (Twin Otter) model aeroplanes, as detailed in the Civil Aviation Safety Regulations 1998, exemplifies CASA's commitment to international safety standards and the continuous monitoring of airworthiness conditions.
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. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, mandating compliance with safety requirements. The ADs are legislative instruments, subject to disallowance and oversight under the Legislative Instruments Act 2003. The ADs align with international standards under Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, evaluates ADs issued by the State of Design and may issue corresponding Australian ADs if necessary. The cancellation of an AD, such as AD/DHC-6/29 for De Havilland DHC-6 model aeroplanes, is made under these regulations without public consultation or a Regulatory Impact Statement, reflecting Australia's adherence to international obligations and efficient regulatory practices.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that support the Act's objectives and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, detailed in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for ensuring the ongoing airworthiness of an aircraft type and must supply necessary information to the States of Registry to maintain this airworthiness. States of Registry are mandated to establish or adopt regulations that ensure the continuing airworthiness of aircraft under their jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, acting as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that the safety standards are consistently applied across all jurisdictions.
Breaching the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Any party that fails to comply with an AD may face severe penalties. While the specific penalties are not detailed in the provided text, the Act typically includes provisions for both civil and criminal penalties for non-compliance, which could range from fines to imprisonment, depending on the severity of the breach. The rigorous enforcement of these regulations is crucial to maintaining the high safety standards required in civil aviation.