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/8 affecting De Havilland Gipsy Queen 70 MK 1 series engines. CASA has assessed this AD and as a result has cancelled Australian AD/DHE/8. 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 Commonwealth Parliament, governs civil aviation in Australia and establishes the framework for ensuring the safety and efficiency of air navigation. The 1998 Civil Aviation Safety Regulations, made under the authority of this Act, provide detailed provisions concerning airworthiness and the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. In accordance with Annex 8 to the Convention on International Civil Aviation, the Civil Aviation Safety Authority (CASA) must issue ADs when necessary to address safety concerns. Recently, CASA issued a notice regarding the cancellation of Australian AD/DHE/8 for De Havilland Gipsy Queen 70 MK 1 series engines, effective 4 June 2009, due to the resolution of the associated unsafe condition. The cancellation was made under the authority of the Civil Aviation Act 1988 by CASA, without public consultation as required by the Convention on International Civil Aviation. This legislative instrument falls under the category of disallowable instruments, as specified by the Acts Interpretation Act 1901.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the safety and airworthiness of aircraft in Australia. Under section 98 of the Act, the Governor-General has the authority to issue regulations, such as airworthiness directives (ADs), for the purpose of ensuring air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs serve as a crucial means of maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The authority to issue and cancel ADs is exercised by designated officials within CASA, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations that serve the Act's purpose and the safety of air navigation. Under these provisions, 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. These ADs are essential tools for maintaining the safety standards of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Furthermore, subregulation 39.001(5) stipulates that ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901, reinforcing their regulatory status.
The obligations imposed by these regulations primarily fall on CASA and the State of Registry of the aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. This involves providing necessary information to ensure the aircraft's airworthiness to the State of Registry. In turn, the State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of registered aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
The cancellation of Australian AD/DHE/8, which affected De Havilland Gipsy Queen 70 MK 1 series engines, illustrates the application of these provisions. CASA assessed the AD and determined that the unsafe condition no longer existed, leading to the cancellation of the directive effective from 4 June 2009. This action was taken in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD was required. As this cancellation was based on international obligations, no public consultation was conducted, and the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager Systems and New Technologies within the Airworthiness Engineering Group at CASA, in line with subsection 84A(2) of the Act.
In terms of potential breaches and consequences, while the text does not detail specific offences or penalties related to ADs, it is implicit that non-compliance with ADs could lead to serious safety violations. CASA has the authority to enforce compliance through regulatory actions, and significant breaches could result in civil or criminal penalties. Such penalties may include fines and other sanctions under relevant aviation and safety legislation, reinforcing the importance of adhering to ADs to maintain the safety of air navigation.