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/DHE/17 affecting De Havilland Gipsy Queen series 30 engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/17. The cancellation will become effective on 4 June 2009. 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 regulate civil aviation in Australia and ensure the safety of air navigation. The Act empowers the Governor-General to make regulations in the interest of safety, which is further detailed in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework is designed to maintain and enforce the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing appropriate ADs to ensure compliance with international standards. The process of issuing, modifying, or cancelling ADs is critical for maintaining the safety and airworthiness of aircraft registered in Australia, aligning with Australia's international obligations and ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate compliance with airworthiness standards for particular types of aircraft or aeronautical products. These regulations apply to all aircraft registered in Australia and are designed to ensure the safety of air navigation, in line with the broader obligations under the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations encompasses any aircraft within Australia’s jurisdiction, whether operated by private entities, commercial airlines, or other aviation stakeholders. While the ADs are essential for maintaining airworthiness, they are not subject to public consultation or the requirement of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The authority to issue or cancel these directives lies with CASA, reflecting its role as Australia’s national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, with particular focus on the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus constitute legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to issue ADs when necessary to maintain the continuing airworthiness of aircraft, particularly in response to directives issued by the State of Design. The State of Design has the primary responsibility for ensuring the airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA must review this information and, if necessary, issue a corresponding AD to mandate the requirements for aircraft registered in Australia. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft, a duty that involves developing or adopting appropriate requirements.
Non-compliance with ADs can result in serious safety risks, and therefore, the Act and Regulations impose stringent obligations on all parties involved. CASA must ensure that ADs are issued promptly in response to safety concerns, and aircraft operators must adhere to the requirements outlined in these directives. Failure to comply with ADs can lead to enforcement actions, including the potential grounding of non-compliant aircraft, which can have significant safety implications.
In terms of consequences for breaches, the Civil Aviation Act 1988 and associated Regulations provide for both civil and criminal penalties. Civil penalties may include fines, and in more serious cases, criminal penalties can be imposed, including imprisonment. For instance, under section 32 of the Civil Aviation Act 1988, a person who contravenes an AD can be fined up to $126,000 for an individual and $630,000 for a body corporate, along with potential imprisonment for up to two years for serious offences. These penalties reflect the high priority placed on ensuring compliance with safety regulations to protect public safety in the aviation sector.