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/ELECT/16 affecting all S600 series Bendix Scintilla magnetos fitted with distributor P/N
10-357060 or 10-357060A. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/16. The cancellation will become effective on 12 February 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, aims to ensure the safety of air navigation. This Act provides the framework for the regulation of civil aviation within Australia, including the issuance of airworthiness directives to maintain the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives under regulation 39.001. These directives are legislative instruments subject to disallowance and are essential for the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The Act and its regulations reflect Australia's commitment to international safety standards while ensuring the safe operation of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, as supplemented by 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 empower CASA to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are legislative instruments, subject to disallowance and oversight under the Legislative Instruments Act 2003. They are aligned with the continuing airworthiness obligations outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for maintaining airworthiness. In Australia, CASA must evaluate ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs. For example, CASA issued and subsequently cancelled Australian AD/ELECT/16 concerning S600 series Bendix Scintilla magnetos, following the resolution of the unsafe condition identified. This process adheres to Australia’s international obligations and internal regulatory frameworks, with the cancellation of ADs made in accordance with the Civil Aviation Act 1988 and without public consultation as deemed necessary by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together form the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations under these provisions are multifaceted. The State of Design, typically the manufacturer of the aircraft, is responsible for ensuring the continuing airworthiness of the aircraft type. This involves providing necessary information to States of Registry to maintain safety standards. The State of Registry, in this case, Australia, must then adopt or develop requirements to ensure the continuing airworthiness of the aircraft. CASA, acting on behalf of Australia, must assess ADs issued by the State of Design and, if necessary, issue Australian ADs to enforce these requirements.
In the specific instance of AD/ELECT/16, CASA evaluated an AD issued by the manufacturer regarding S600 series Bendix Scintilla magnetos with certain distributors. After assessment, CASA determined that the unsafe condition no longer existed, leading to the cancellation of Australian AD/ELECT/16. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, which mandates that States of Design and States of Registry work together to ensure airworthiness. The cancellation took effect on 12 February 2009, and no further action is required as the unsafe condition has been resolved.
For breaches or non-compliance with these regulations, the Civil Aviation Act 1988 provides for various offences and penalties. Civil penalties can be imposed for non-compliance with ADs, potentially leading to fines up to the maximum allowed by the legislation. Additionally, criminal penalties may apply for serious breaches, which can result in imprisonment, reflecting the gravity of ensuring public safety in aviation. The specific penalties are outlined in the Act and can vary based on the nature and severity of the breach.