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/7 affecting all BTH type AG4 and SG4 magnetos. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/7. 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 comprehensive legislative framework governing civil aviation safety in Australia. It empowers the Governor-General to make regulations, ensuring the safety of air navigation. Among these regulations are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives are critical for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs where necessary. This ensures that Australian-registered aircraft comply with international safety standards, thereby enhancing overall aviation safety. The ADs are legislative instruments subject to disallowance, as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to issue regulations for air navigation safety, while 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, which are legislative instruments, serve as a critical means of maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with the Convention on International Civil Aviation. In Australia, CASA, acting as the national airworthiness authority, must assess information from the State of Design and issue corresponding ADs to mandate safety requirements. For instance, CASA assessed and subsequently cancelled Australian AD/ELECT/7 concerning BTH type AG4 and SG4 magnetos, effective from 12 February 2009, as the unsafe condition no longer exists. This action aligns with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this cancellation.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legislative framework for civil aviation in Australia, enabling the creation of regulations to ensure safety in air navigation (section 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901). The ADs serve as a primary means of ensuring the continuing airworthiness of aircraft types, aligning with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry.
The obligations imposed by the ADs require the State of Design to provide essential information to maintain the airworthiness of aircraft types, while the State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. In the case of Australia, CASA must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. For instance, CASA issued AD/ELECT/7 for BTH type AG4 and SG4 magnetos, which was subsequently cancelled on 12 February 2009 due to the resolution of the unsafe condition. This cancellation was made without public consultation or a Regulatory Impact Statement, in compliance with Australia’s obligations under the Convention on International Civil Aviation.
Violators of ADs may face significant legal consequences. Non-compliance with an AD can lead to severe penalties, as outlined in the Civil Aviation Act 1988. These penalties can include substantial fines and, in serious cases, imprisonment. The specific maximum penalties depend on the nature and severity of the breach, but the overarching intent is to enforce stringent compliance to maintain aviation safety standards. CASA’s role in issuing and cancelling ADs underscores the importance of adhering to these directives to ensure the safety of air navigation and the protection of public interest.