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/24 affecting De Havilland Gipsy Six 1 and 1A, and Gipsy Six 11 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/24. 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, enacted to provide a comprehensive regulatory framework for civil aviation in Australia, empowers the Governor-General to make regulations for the safety of air navigation. This legislative instrument is part of an ongoing effort to ensure that aviation safety standards are consistently met across the country. Within this framework, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to ensure that aircraft and aeronautical products maintain their airworthiness, thereby contributing to the overarching safety objectives of the Act. The Civil Aviation Safety Regulations 1998 also establish that ADs are legislative instruments that can be disallowed under certain conditions, aligning with the Acts Interpretation Act 1901.
The cancellation of Australian AD/DHE/24, which affected De Havilland Gipsy Six 1 and 1A, and Gipsy Six 11 series engines, is a direct result of Australia’s obligations under the Convention on International Civil Aviation. As CASA, the national airworthiness authority, assessed the relevant AD issued by the State of Design and determined that the unsafe condition no longer exists, it deemed the Australian AD unnecessary. Consequently, this AD cancellation aligns with international standards and does not require consultation with the Australian public or a Regulatory Impact Statement. The AD cancellation was made by the Manager Systems and New Technologies within CASA's Airworthiness Engineering Group, pursuant to the provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, applies to all aspects of civil aviation in Australia, including the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, are subject to disallowance and are intended to enforce the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must implement the ADs to maintain safety standards. In this particular case, CASA has cancelled Australian AD/DHE/24 concerning De Havilland Gipsy Six engines due to the resolution of the unsafe condition, aligning with international obligations and thus exempt from public consultation and a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the Act's objectives and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and further confirmed by section 6 of the Legislative Instruments Act 2003.
The obligations under this Act require the State of Design, the entity responsible for the design of an aircraft type, to maintain the continuing airworthiness of that type, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design must furnish any necessary information to ensure the aircraft's continuing airworthiness to the appropriate States of Registry. In turn, the State of Registry, which is the country where an aircraft is registered, is obligated to develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Should there be breaches of the ADs, CASA may impose various consequences, which can include administrative actions or penalties as specified in the Civil Aviation Act 1988 and related regulations. However, the text does not explicitly detail these penalties, which would typically depend on the severity and nature of the breach. The Act and regulations ensure that the aviation industry adheres to high safety standards by holding entities accountable for compliance with airworthiness directives and maintaining the continuing airworthiness of aircraft.