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/5 affecting De Havilland Gipsy Queen 70 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/5. 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 by the Australian Parliament, provides a legislative framework for the regulation of civil aviation within Australia, primarily to ensure the safety of air navigation. One of the mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to mandate safety measures for aircraft types and aeronautical products. These directives are legislative instruments and are made in accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and mandates the provision of necessary information to ensure the airworthiness of aircraft registered in other states. CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing ADs to enforce these safety measures within Australia. In the case of the cancellation of Australian AD/DHE/5 for De Havilland Gipsy Queen 70 series engines, CASA determined that the unsafe condition addressed by the directive no longer exists, thus the AD was cancelled effective 4 June 2009 without the need for a replacement AD.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These regulations enable CASA to issue ADs concerning types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are typically issued in response to safety concerns identified by the State of Design or when a State of Registry must implement requirements to ensure the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation. In instances where ADs are cancelled, such as the case with AD/DHE/5 affecting De Havilland Gipsy Queen 70 series engines, CASA must assess the relevant information and determine if the unsafe condition no longer exists, thereby rendering a replacement AD unnecessary. This process is carried out under the authority granted by the Civil Aviation Act 1988 and adheres to international obligations, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations for 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 types of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, are legislative instruments according to section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs, which are critical for maintaining the continuing airworthiness of aircraft, are issued and managed with the necessary legal authority and oversight.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain this airworthiness. The State of Registry, in turn, must develop or adopt specific requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, acting as Australia’s national airworthiness authority, is required to review this information. If deemed appropriate, CASA must then issue an Australian AD to enforce the requirements set out by the State of Design. This ensures that the airworthiness standards are consistent with international obligations and are effectively implemented in Australia.
The Civil Aviation Safety Authority (CASA) has cancelled Australian AD/DHE/5, which previously affected De Havilland Gipsy Queen 70 series engines. This decision follows a thorough assessment of the information provided by the State of Design and is aligned with Australia’s obligations under the Convention on International Civil Aviation. The cancellation of this AD, which will become effective on 4 June 2009, signifies that the unsafe condition that prompted the directive no longer exists, hence no replacement AD is necessary. This process reflects the dynamic nature of airworthiness management, where directives are continuously reviewed and updated based on the evolving safety landscape.
There are no obligations for CASA to consult the Australian public regarding the cancellation of this AD, as it was determined that such consultation is not necessary under the circumstances. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was 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, ensuring that the process complies with the necessary legal requirements for legislative instrument creation and enforcement.