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/FA-200/10 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/10. The cancellation will become effective on
2 July 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 safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations in the interest of air navigation safety, including the issuance of airworthiness directives (ADs) as stipulated under section 98 of the Act. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory process by granting the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific aircraft types or aeronautical products, as detailed in regulation 39.001. According to subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901, thus classifying them as legislative instruments under the Legislative Instruments Act 2003. These regulations aim to ensure the continuing airworthiness of aircraft by aligning with international standards set forth in Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information to the State of Registry to maintain aircraft airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory framework is integral to ensuring the ongoing airworthiness of aircraft registered within Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and their creation adheres to the provisions of the Legislative Instruments Act 2003. The State of Design of an aircraft retains the primary responsibility for its airworthiness, while the State of Registry, in this case CASA, must ensure compliance with these international standards. In the instance of the Fuji FA-200 series aeroplanes, CASA assessed and subsequently cancelled the Australian AD/FA-200/10 due to the resolution of the unsafe condition, reflecting Australia's adherence to international obligations and the cessation of the need for a specific regulatory measure.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as referenced in the Explanatory Statement for F2009L02272, involve the issuance of airworthiness directives (ADs) under section 98 (subsection 84A(2)) of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These provisions allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to ensure air navigation safety. Under subregulation 39.001(5), these ADs are classified as disallowable instruments, meaning they can be disallowed by Parliament (section 46A of the Acts Interpretation Act 1901).
Under these regulations, the State of Design of an aircraft type has the primary responsibility for ensuring the continuing airworthiness of that type, as outlined in Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft within its jurisdiction. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by these provisions on CASA include the assessment of international ADs and the issuance of corresponding Australian ADs when required. CASA must ensure that these ADs are compliant with Australian regulations and international conventions. The authority to issue ADs is exercised by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group at CASA, as specified in the Explanatory Statement.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breaching ADs. However, the importance of these directives in maintaining air safety suggests that non-compliance could result in severe civil or criminal penalties under broader aviation safety laws. The cancellation of an AD, such as AD/FA-200/10 for Fuji FA-200 series aeroplanes, is based on the resolution of identified safety issues, and does not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.