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/21 affecting De Havilland Gipsy Major 1D and 1J series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/21. 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 provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for comprehensive safety measures and standards in the aviation industry. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were established, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. This legislative instrument was designed to uphold the continuing airworthiness of aircraft as stipulated by the International Civil Aviation Organization (ICAO) and to meet Australia's obligations under the Convention on International Civil Aviation. The ADs serve as a critical means of communication between the State of Design and the State of Registry, ensuring that all necessary safety measures are implemented and maintained.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products as stipulated in regulation 39.001. These ADs are considered legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Registry in accordance with Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue corresponding Australian ADs. This process ensures that Australian registered aircraft meet the required safety standards as outlined by international conventions. The issuance and cancellation of these ADs are conducted without public consultation, as they are deemed not to require a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of civil aviation in Australia. Under section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation, which includes the issuance of airworthiness directives (ADs) for types of aircraft or aeronautical products (regulation 39.001). An AD is a legislative instrument, as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is therefore subject to the Legislative Instruments Act 2003. ADs are a common form of continuing airworthiness information, issued by most ICAO Contracting States, and the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft.
Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is responsible for assessing any ADs issued by the State of Design and, if necessary, issuing an Australian AD to mandate the requirements. This is to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards and recommendations. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft and CASA has the authority to issue ADs to mandate these requirements. In the case of Australian-registered De Havilland Gipsy Major 1D and 1J series engines, CASA issued AD/DHE/21, but later cancelled it due to the unsafe condition no longer existing.
The Civil Aviation Safety Regulations 1998 impose obligations on the parties and entities it governs, including CASA, the State of Design, and the State of Registry. CASA must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. The State of Design must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft and must comply with any ADs issued by CASA. Failure to comply with these obligations may result in legal consequences.
The Civil Aviation Safety Regulations 1998 also include provisions for offences, penalties, and civil/criminal consequences for breach. For example, section 84A of the Civil Aviation Act 1988 provides for penalties for non-compliance with an AD, including fines of up to $22,200 for individuals and $111,000 for bodies corporate. In addition, failure to comply with an AD may result in the suspension or revocation of an aircraft’s certificate of airworthiness, which could prevent the aircraft from operating. It is therefore important for all parties and entities governed by the Civil Aviation Safety Regulations 1998 to comply with their obligations and requirements to ensure the safety of air navigation.