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-200/13 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/13. 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, Airframe and Structures, 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 to establish the legal framework for civil aviation in Australia, addresses the need for regulations that ensure the safety of air navigation. This Act empowers the Governor-General to make regulations, such as those concerning the issue of airworthiness directives, under section 98. The Civil Aviation Safety Regulations 1998 further specify that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for certain types of aircraft or aeronautical products, as per regulation 39.001. These directives serve as legislative instruments, as outlined in the Legislative Instruments Act 2003. The policy objective is to maintain and enhance the safety of air navigation, in line with international standards and obligations under the Convention on International Civil Aviation. The enactment of these regulations ensures that Australia meets its international commitments while safeguarding domestic aviation safety.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued in Australia. Under this Act, the Governor-General has the authority to enact regulations to enhance the safety of air navigation, with CASA (Civil Aviation Safety Authority) being the entity responsible for issuing ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The Act applies to aircraft registered in Australia and mandates that CASA, as the national airworthiness authority, must ensure compliance with continuing airworthiness requirements as outlined by the State of Design and Annex 8 to the Convention on International Civil Aviation. The scope of this legislation extends to ensuring that Australian registered aircraft meet international safety standards, thereby maintaining the safety and integrity of Australia's aviation sector.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that contribute to air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) states that ADs are disallowable instruments, which means they can be reviewed and potentially disallowed by Parliament. This regulatory framework is designed to maintain high safety standards in aviation and ensures that ADs are treated as legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by this legislation on CASA and other parties include a responsibility to ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design—the country where the aircraft was designed—and determine if an AD is necessary. If a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if appropriate, issue a corresponding Australian AD. This ensures that all relevant safety requirements are communicated and enforced in Australia. Additionally, the State of Registry, which is the country where the aircraft is registered, is obligated to develop or adopt requirements to ensure the continuing airworthiness of the aircraft in their jurisdiction.
Breaching the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific offences, penalties, or consequences are not detailed in the provided text, such breaches could potentially result in civil or criminal penalties under Australian law. Given that ADs are legislative instruments, non-compliance with these directives could be seen as non-compliance with regulatory requirements, leading to enforcement actions by CASA. The penalties for such violations can range from fines to more severe sanctions, depending on the nature and severity of the breach. It is important for all parties governed by these regulations to adhere strictly to the mandates to avoid these potential consequences.