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/4 affecting De Havilland Gipsy Queen 70 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/4. 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 framework for the regulation of civil aviation in Australia, addressing the need for a cohesive legislative structure to ensure the safety and efficiency of air navigation within the country. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, thereby establishing a foundation for subsequent detailed regulations such as the Civil Aviation Safety Regulations 1998. These regulations, including the issuance of airworthiness directives (ADs), are intended to maintain the continuing airworthiness of aircraft and aeronautical products, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998 specifically enable the Civil Aviation Safety Authority (CASA) to issue ADs under regulation 39.001, which, as legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901. The legislative process for ADs reflects Australia’s commitment to international aviation safety standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design’s responsibility for an aircraft type’s continuing airworthiness and requires States of Registry to implement necessary measures to maintain this airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products to ensure safety in air navigation. These ADs, being disallowable instruments, are legislative instruments as per the Legislative Instruments Act 2003. The regulations mandate that the State of Registry, including CASA for Australia, must ensure the continuing airworthiness of aircraft types, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). In the context of Annex 8 to the Convention on International Civil Aviation, Australia, through CASA, is responsible for evaluating and, if necessary, issuing ADs that reflect the safety standards set by the aircraft's State of Design. For instance, CASA issued and subsequently cancelled AD/DHE/4 regarding De Havilland Gipsy Queen 70 series engines due to the resolution of the unsafe condition, without necessitating public consultation or a Regulatory Impact Statement, as per the Office of Best Practice Regulation.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) under section 98 of the Act (s 98) and regulation 39.001 (r 39.001). An AD is a legislative instrument (s 6 of the Legislative Instruments Act 2003) and a disallowable instrument (s 46A of the Acts Interpretation Act 1901). The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry (Annex 8 to the Convention on International Civil Aviation). The State of Registry must ensure the continuing airworthiness of individual aircraft (Annex 8). In Australia, CASA issues ADs for aircraft on the Australian Register when required by the State of Design.
Under this legislation, CASA and its predecessors issued AD/DHE/4 for De Havilland Gipsy Queen 70 series engines. CASA assessed this AD and determined that it should be cancelled because the unsafe condition no longer exists. The cancellation of Australian AD/DHE/4 will become effective on 4 June 2009, and no replacement AD is required. This cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and therefore, no consultation with the Australian public has taken place. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The Manager Systems and New Technologies in the Airworthiness Engineering Group made this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties governed by these laws include the requirement for the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, and for the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. Furthermore, CASA must ensure that any ADs issued are in accordance with the relevant sections of the Act and the Regulations.
The Civil Aviation Safety Regulations 1998 may impose offences, penalties, or civil/criminal consequences for breach. While the specific penalties for breach of ADs are not detailed in the provided text, the general principle is that failure to comply with an AD could result in safety risks and potentially lead to enforcement actions by CASA. The maximum penalties for breaches of aviation regulations can include substantial fines and, in some cases, imprisonment, depending on the severity of the breach and the specific provisions of the relevant legislation. It is important for all parties governed by these laws to comply with their obligations to ensure the safety of air navigation.