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/23 affecting De Havilland Gipsy Queen 111 and 11A engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/23. 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 comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations in the interests of safety, with these regulations being implemented by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the requirements for airworthiness, including the issuance of airworthiness directives (ADs) to address safety concerns. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft in accordance with international standards set forth by the International Civil Aviation Organization (ICAO). The cancellation of an AD, such as AD/DHE/23 affecting De Havilland Gipsy Queen 111 and 11A engines, is conducted by CASA in compliance with both domestic and international obligations, ensuring that the aviation safety standards are upheld without unnecessary public consultation or regulatory impact assessments where deemed not required.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to persons and entities involved in the operation of aircraft and aeronautical products in Australia, and the issue of airworthiness directives (ADs) is specifically governed by regulation 39.001. The Civil Aviation Safety Authority (CASA) has the authority to issue ADs, which are legislative instruments under the Acts Interpretation Act 1901, for the purpose of ensuring the safety of air navigation. ADs mandate continuing airworthiness requirements for specific types of aircraft or aeronautical products registered in Australia. The State of Design, which is the country where the aircraft or product was designed, is responsible for providing necessary information to ensure airworthiness, and the State of Registry, which is Australia in this context, must develop or adopt requirements to ensure that aircraft are maintained in a safe condition. The issuance and cancellation of ADs are conducted in accordance with Australia's obligations under the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, ensuring compliance with legislative provisions and international standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the process for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. 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. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The obligations imposed by the legislation on CASA include the assessment of any ADs issued by the State of Design and the issuance of corresponding Australian ADs if necessary. This ensures that Australian-registered aircraft comply with international safety standards. For example, CASA issued Australian AD/DHE/23 for De Havilland Gipsy Queen 111 and 11A engines but subsequently cancelled it on 4 June 2009 after determining that the unsafe condition no longer existed. This cancellation was in accordance with Australia's obligations under the Convention on International Civil Aviation, and no replacement AD was required.
In terms of offences and consequences for breach, the legislation does not explicitly detail specific penalties for non-compliance with ADs. However, general aviation regulations and safety laws imply that failure to comply with ADs could result in severe civil or criminal penalties, including fines and imprisonment, as these directives are essential for maintaining the safety of air navigation. The legislative framework ensures that CASA's actions, such as issuing or cancelling ADs, align with both domestic and international obligations to safeguard aviation safety.