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/6 affecting De Havilland Gipsy Queen 70 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/6. 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 Parliament of Australia, addresses the need for stringent safety regulations in air navigation to ensure public safety and international compliance. The Act empowers the Governor-General to create regulations that align with the Act’s objectives, particularly focusing on the safety of air navigation. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types and aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The authority to issue and cancel such directives lies with CASA, which ensures that Australia meets its obligations under the Convention on International Civil Aviation, including the dissemination of necessary information to maintain airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives for specific kinds of aircraft or aeronautical products. An AD is considered a legislative instrument and is subject to disallowance under the Acts Interpretation Act 1901. The State of Design, typically the country where the aircraft is designed, bears the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this case, Australia, is tasked with ensuring the continuing airworthiness of aircraft registered within its territory, and CASA acts as the national airworthiness authority. The authority to issue ADs is exercised in line with Australia’s obligations under the Convention on International Civil Aviation, and ADs are a common means of ensuring continuing airworthiness among ICAO Contracting States. The issuance, assessment, and potential cancellation of ADs by CASA are conducted to uphold the safety standards and regulatory compliance required under Australian law.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to enact regulations for the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined under subregulation 39.001(5), is a disallowable instrument and hence, a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This regulatory framework is crucial for maintaining the safety standards of aviation and ensuring compliance with international standards set by the Convention on International Civil Aviation.
The obligations under this Act are manifold. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain airworthiness. Correspondingly, the State of Registry must establish or adopt requirements that ensure the continuing airworthiness of the aircraft registered within its jurisdiction. In the context of Australia, CASA, acting as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the design state's requirements. The adherence to these directives is critical to maintaining the safety and airworthiness of aircraft within Australia.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the associated regulations can lead to significant consequences. Offences under these provisions may result in both civil and criminal penalties. Although specific penalties are not detailed in the text, the severity of non-compliance can result in significant repercussions for individuals and entities involved in the operation and maintenance of aircraft. The authority to issue ADs and enforce compliance is a critical component of the regulatory framework designed to protect public safety in aviation.
The legislative process for issuing ADs, as highlighted in the text, is rigorous and involves careful assessment and consultation. The cancellation of Australian AD/DHE/6 for De Havilland Gipsy Queen 70 series engines, effective from 4 June 2009, exemplifies the process. CASA's assessment determined that the unsafe condition addressed by the AD no longer existed, leading to the cancellation without the need for a replacement AD. This decision aligns with Australia's obligations under the Convention on International Civil Aviation and was made in accordance with subsection 84A(2) of the Act, ensuring that the regulatory process adheres to international standards and obligations.