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/26 affecting Sonotone and Marathon type CA-9 and MA-9 Nickel Cadmium Batteries. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/26. 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, addressing the need for comprehensive and consistent safety standards in the industry. The Act authorises the Governor-General to make regulations in the interests of air navigation safety. In line with this objective, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 also specify that ADs are disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its subsidiary regulations ensure that Australia meets its international obligations under the Convention on International Civil Aviation, particularly those outlined in Annex 8 regarding the continuing airworthiness of aircraft. The ADs issued by CASA, including the recently cancelled Australian AD/ELECT/26 concerning Sonotone and Marathon type CA-9 and MA-9 Nickel Cadmium Batteries, are part of this regulatory framework. The cancellation of this AD was due to the unsafe condition no longer existing, and no replacement AD is required. This action was taken by CASA in accordance with the Act and reflects the authority's commitment to maintaining the highest safety standards in Australian civil aviation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, outlines the framework under which airworthiness directives (ADs) are issued and managed in Australia. These regulations apply to the Civil Aviation Safety Authority (CASA) which, as Australia's national airworthiness authority, has the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. Specifically, regulation 39.001 allows CASA to issue ADs for particular types of aircraft or aeronautical products, and these directives are legally binding as legislative instruments under the Legislative Instruments Act 2003. ADs serve as the primary means of communication for continuing airworthiness information between States of Design and States of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. The application of these ADs is international, aligning with ICAO standards, and they directly impact aircraft operators and manufacturers by mandating specific safety measures. The Act does not specify exclusions or exemptions but operates within the broader framework of aviation safety regulations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives serve as crucial tools for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design for providing necessary information to ensure the airworthiness of aircraft types registered in other countries.
Under the Civil Aviation Safety Regulations 1998, the State of Registry must implement requirements to ensure the continuing airworthiness of aircraft. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, is required to assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards. In a specific instance, CASA issued AD/ELECT/26 concerning Sonotone and Marathon type CA-9 and MA-9 Nickel Cadmium Batteries. After assessment, CASA cancelled this AD effective 12 February 2009, as the unsafe condition no longer existed, thus eliminating the need for a replacement AD.
The obligations imposed on the parties governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include adherence to airworthiness directives issued by CASA. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry is responsible for developing or adopting requirements to maintain airworthiness. CASA must assess and, if appropriate, issue Australian ADs to enforce these requirements. Furthermore, Australian-registered aircraft must comply with these ADs to ensure safety and conformity with international standards.
Failure to comply with airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, there are both civil and criminal penalties for non-compliance. Civil penalties can include fines and other financial penalties, while criminal penalties can include imprisonment. The specific penalties vary depending on the severity of the offence and the circumstances surrounding it. It is important for all parties involved, including aircraft operators and manufacturers, to strictly adhere to the requirements set forth in airworthiness directives to avoid these potential penalties and ensure the safety of air navigation.