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-200/12 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/12. 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 comprehensive framework for civil aviation regulation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as seen under section 98. In line with these provisions, the Civil Aviation Safety Regulations 1998 include regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Acts Interpretation Act 1901, serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. The AD/FA-200/12 concerning Fuji FA-200 series aeroplanes, initially issued by CASA, was subsequently cancelled as the unsafe condition it was addressing no longer existed, reflecting Australia's commitment to safety standards under international conventions.
Scope and Application
The Civil Aviation Act 1988, specifically under regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are issued to ensure the safety of air navigation as mandated by section 98 of the Civil Aviation Act 1988. The ADs serve as a means for continuing airworthiness information as required by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type and the State of Registry as responsible for the continuing airworthiness of an individual aircraft. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the required safety measures. The issuance, assessment, and cancellation of these ADs, such as the recent cancellation of AD/FA-200/12 for Fuji FA-200 series aeroplanes, are conducted in accordance with the Act and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework within which airworthiness directives (ADs) are issued in Australia. Specifically, section 98 of the Act empowers the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, reg 39.001). It is important to note that ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (Civil Aviation Safety Regulations 1998, reg 39.001(5)).
These ADs are crucial for maintaining the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to the States of Registry to ensure the aircraft's ongoing airworthiness (Annex 8, Convention on International Civil Aviation). The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction (Annex 8, Convention on International Civil Aviation). When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to mandate the State of Design's requirements.
In the specific case of AD/FA-200/12, which affected Fuji FA-200 series aeroplanes, CASA assessed the information provided by the State of Design and subsequently cancelled the Australian AD/FA-200/12. This cancellation, which became effective on 2 July 2009, was made because the unsafe condition that prompted the original AD no longer existed (Civil Aviation Safety Regulations 1998, reg 39.001). Consequently, no replacement AD was required. Given that the cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was undertaken (Annex 8, Convention on International Civil Aviation). Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Finally, the AD was 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 (Civil Aviation Act 1988, s 84A(2)). The legal and regulatory framework ensures that ADs are issued to maintain the safety standards required by international conventions, and any actions taken by CASA are in compliance with both domestic and international obligations.