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-200/11 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/11. 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, enacted by the Australian Parliament, aims to regulate civil aviation in Australia, ensuring safety and efficiency in the industry. One of the mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs serve as critical instruments for maintaining the continuing airworthiness of aircraft, mandated by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 empower CASA to issue these directives, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective is to align with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which assigns responsibility to the State of Design for continuing airworthiness and mandates the dissemination of necessary information to States of Registry. In the case of the Fuji FA-200 series aeroplanes, CASA has cancelled the Australian AD/FA-200/11, effective from 2 July 2009, due to the resolution of the unsafe condition, thereby fulfilling Australia’s international obligations without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes the framework for airworthiness directives (ADs) within Australia, aimed at ensuring the safety of air navigation. Under the Act, the Governor-General has the authority to create regulations for air safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs, being legislative instruments, must adhere to the requirements set out in the Legislative Instruments Act 2003. The ADs are in line with international standards under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. CASA, as the national airworthiness authority, must evaluate such information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This legislative process applies to all aircraft registered in Australia and is essential for maintaining the safety standards required under both national and international aviation regulations.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the procedures and responsibilities related to the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that contribute to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, meaning they can be subject to disallowance by Parliament, and as legislative instruments under the Legislative Instruments Act 2003, meaning they must be registered on the federal register of legislative instruments. This framework ensures that ADs, which are critical for maintaining the continuing airworthiness of aircraft, are issued with appropriate authority and oversight.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 extend to both the State of Design and the State of Registry of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the overall continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, this means CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. These ADs mandate compliance with the safety requirements set out by the State of Design, ensuring that aircraft registered in Australia meet the requisite safety standards. The State of Registry, in this case CASA, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
The legislation also delineates the consequences for non-compliance with ADs. While the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for breaching ADs, failure to comply with an AD can lead to severe civil and criminal consequences. Civil penalties may include fines and other sanctions, while criminal penalties could result in imprisonment, depending on the severity of the breach and its impact on aviation safety. CASA has the authority to enforce these regulations through various means, including inspections, audits, and legal action against non-compliant operators. The severity of the consequences underscores the critical importance of adhering to ADs to maintain the highest standards of aviation safety.
The process of issuing and cancelling ADs is also governed by the legislative framework. For instance, CASA issued AD/FA-200/11 for Fuji FA-200 series aeroplanes but subsequently cancelled it on 2 July 2009. This cancellation was due to the resolution of the unsafe condition that prompted the original AD. Such actions are taken in accordance with Australia's obligations under the Convention on International Civil Aviation and are executed by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA. The regulatory impact and public consultation aspects are considered in this process, with the Office of Best Practice Regulation determining that ADs do not require a Regulatory Impact Statement. This efficient and responsive approach ensures that aviation safety measures are both timely and effective.