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/18 Amendment 3 affecting all Slick 4000/4100 series sealed non-repairable magnetos. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/18 Amendment 3. 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 Commonwealth Parliament, was established to regulate civil aviation in Australia, ensuring safety and efficiency within the sector. This Act provides the legislative framework for the creation and enforcement of regulations concerning air navigation, aircraft airworthiness, and operational safety. One of the key mechanisms through which the Act achieves its safety objectives is via the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, serve as crucial tools for mandating safety measures and maintaining the continuing airworthiness of aircraft registered in Australia, in line with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, responsible for assessing and issuing these directives to ensure compliance with safety standards. The Act thereby aims to protect public safety and maintain high standards of aviation safety in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a comprehensive framework for ensuring the safety of air navigation in Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are typically issued in accordance with the Convention on International Civil Aviation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue ADs for specific kinds of aircraft or aeronautical products, reflecting the State of Registry's responsibility under Annex 8 for the continuing airworthiness of aircraft registered in Australia. This responsibility extends to adopting or developing requirements to ensure airworthiness, and CASA must issue Australian ADs when necessary to comply with international obligations. The Act applies to all aircraft registered in Australia and their operators, as well as other relevant entities involved in the aviation industry. The scope of the legislation is national, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. The issuance and cancellation of ADs, such as the recent cancellation of Australian AD/ELECT/18 Amendment 3 concerning Slick 4000/4100 series sealed non-repairable magnetos, are executed by CASA in accordance with the legislative provisions, ensuring that Australian aviation remains safe and compliant with international standards.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, as specified in section 98. These regulations can include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for certain types of aircraft or aeronautical products, as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. Typically, ADs are the primary means by which such information is disseminated and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this, as mandated by Annex 8.
CASA, as Australia’s national airworthiness authority, has the duty to assess ADs issued by the State of Design concerning aircraft on the Australian Register and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design. Recently, CASA issued AD/ELECT/18 Amendment 3 concerning all Slick 4000/4100 series sealed non-repairable magnetos. However, following an assessment, CASA cancelled this directive due to the unsafe condition no longer existing. The cancellation took effect on 12 February 2009, and no replacement AD is required.
Given that this AD was cancelled in compliance with Australia’s obligations under the Convention on International Civil Aviation, no public consultation was conducted regarding the cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The cancellation 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.