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/6 affecting all BTH type AG4, SG4 and MC1 magnetos fitted with contact breaker assemblies incorporating an automatic earthing device. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/6. 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 for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for these purposes, as seen in the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance. The ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has primary responsibility for an aircraft type's airworthiness, while the State of Registry must ensure the airworthiness of individual aircraft. In Australia, CASA must assess international ADs and may issue corresponding Australian ADs if necessary. The cancellation of Australian AD/ELECT/6, affecting certain BTH type magnetos, exemplifies the practical application of these regulations and demonstrates CASA’s role in fulfilling international obligations.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, as legislative instruments, serve as mandates for the continuing airworthiness of aircraft registered in Australia. The geographic reach of this legislation is national, applying to all aircraft and aeronautical products registered in Australia, thereby extending to any person or entity involved in the design, manufacture, maintenance, or operation of these aircraft within Australian jurisdiction. Notably, the Act does not specify exclusions or exemptions, though certain thresholds or conditions may apply in the issuance of ADs based on the risk assessment of the unsafe conditions identified. The application of these ADs can be extended or restricted through subordinate instruments, allowing for a flexible regulatory approach to emerging safety issues.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to enact regulations that pertain to the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design, which refers to the country where the aircraft type was designed, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing any necessary information to the State of Registry, which is the country where the aircraft is registered. The State of Registry must then develop or adopt its own requirements to ensure the continuing airworthiness of the aircraft in its registry. When an AD is issued by the State of Design, CASA must review the information and, if necessary, issue an Australian AD to enforce the requirements.
The Civil Aviation Safety Authority issued AD/ELECT/6 concerning all BTH type AG4, SG4, and MC1 magnetos fitted with contact breaker assemblies incorporating an automatic earthing device. After assessment, CASA cancelled Australian AD/ELECT/6, effective 12 February 2009. This cancellation was due to the unsafe condition no longer existing, and no replacement AD was required. The cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and thus no public consultation was conducted on this matter. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Non-compliance with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and may be subject to a range of penalties. For instance, section 38 of the Act outlines that an individual or corporation can be fined up to 100,000 penalty units (currently approximately AUD 18.6 million) for each offence, while directors of corporations may face personal fines of up to 5,000 penalty units (approximately AUD 930,000). Additionally, CASA has the authority to take enforcement actions, including grounding aircraft that do not comply with applicable ADs, which can significantly disrupt operations and incur substantial financial penalties.