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/3 affecting De Havilland Gipsy Queen 70 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/3. 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 establish a framework for ensuring the safety and efficiency of civil aviation in Australia. The Act provides the legislative foundation for the regulation of civil aviation in Australia, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under the Act, detail the procedures and requirements for the issuance of these directives. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as set out in the Convention on International Civil Aviation. The legislative framework allows CASA to mandate specific requirements for aircraft and aeronautical products registered in Australia, based on directives issued by the State of Design or other relevant authorities. This regulatory approach ensures that Australian aviation maintains high safety standards consistent with global practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to create regulations for the safety of air navigation, and regulation 39.001 specifically authorises the issuance of ADs for specific types of aircraft or aeronautical products by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments under the Legislative Instruments Act 2003 and play a crucial role in maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the airworthiness of an aircraft type, and the State of Registry, in this case CASA, must implement these directives to ensure compliance and safety. In this instance, CASA cancelled Australian AD/DHE/3 concerning De Havilland Gipsy Queen 70 series engines due to the resolution of the unsafe condition, and no replacement AD is required. The cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was deemed necessary.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 provides the authority for the Governor-General to make regulations aimed at ensuring the safety of air navigation, which includes the issuance of ADs by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus it is a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions enable CASA to mandate specific requirements for the continuing airworthiness of aircraft, ensuring that all necessary measures are taken to maintain safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on CASA and other relevant entities. CASA, as Australia’s national airworthiness authority, must assess any AD issued by the State of Design and determine whether an Australian AD is necessary. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must review this directive and decide if it should be adopted in Australia. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft, which includes implementing any relevant ADs. These obligations are critical in maintaining the safety and airworthiness of aircraft operating within Australia.
Failure to comply with ADs or the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. The Act and Regulations do not explicitly state specific offences or penalties for non-compliance with ADs; however, broader civil or criminal penalties may apply under other sections of the Act. For instance, non-compliance with airworthiness requirements could lead to severe penalties, including fines and imprisonment, as outlined in other sections of the Civil Aviation Act 1988. The exact penalties would depend on the nature and severity of the breach, but they underscore the importance of adhering to ADs to maintain safety standards.