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-200/24 affecting Fuji FA-200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FA-200/24. 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations in the interest of aviation safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, play a critical role in ensuring the continuing airworthiness of aircraft as per international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, is tasked with assessing and issuing ADs based on information from the State of Design, which has the primary responsibility for the airworthiness of an aircraft type. This legislative process underscores Australia's commitment to international aviation safety standards and domestic regulatory compliance.
Scope and Application
The Civil Aviation Act 1988, as amended, and the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to all aircraft registered in Australia and to entities involved in the operation and maintenance of such aircraft. The scope of these directives encompasses various types of aircraft and aeronautical products, aiming to mandate safety requirements and ensure the continuing airworthiness of these aircraft. This legislation extends to the entire Commonwealth of Australia and adheres to international standards set by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of States of Design and States of Registry. The ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, and their creation and enforcement are subject to the provisions of the Legislative Instruments Act 2003. While the ADs are crucial for maintaining safety standards, they are not subject to public consultation or regulatory impact assessment, as determined by the Office of Best Practice Regulation. The authority to issue and cancel these directives is vested in CASA, specifically by the Manager, Airframe and Structures, within the Airworthiness Engineering Group, pursuant to the Act’s provisions.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as applied through the Civil Aviation Safety Regulations 1998, involve the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 provides that CASA can issue ADs for specific kinds of aircraft or aeronautical products. This means that CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia (section 39.001(5)).
The obligations imposed by the Act on the parties governed by these regulations include ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type was designed, has the primary responsibility for providing necessary information to ensure the continuing airworthiness of the aircraft type (Annex 8, Convention on International Civil Aviation). The State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements.
There are no specific offences, penalties, or civil/criminal consequences outlined in the provided text for the breach of ADs. However, the ADs themselves are legislative instruments (section 6, Legislative Instruments Act 2003), which means that failure to comply with an AD could potentially lead to enforcement actions by CASA or other regulatory bodies. The process for issuing, assessing, and cancelling ADs, as well as the international obligations under the Convention on International Civil Aviation, underscores the importance of compliance with these directives to maintain the safety of air navigation.