CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
CANCELLATION 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 French DGAC has issued AD F-1993-024 R3 affecting Engine and Auxiliary Power Unit Fire Extinguishers. France is the State of Design for this equipment. CASA has assessed this AD and as a result has cancelled Australian AD/FPE/11. The cancellation will become effective on 12 May 2005. No replacement AD is required, as the original unsafe condition has long been corrected and the AD is no longer required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been cancelled by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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 legislative framework for civil aviation in Australia, ensuring safety and efficiency in the industry. This Act enables the Governor-General to make regulations that govern aspects of air navigation and aircraft safety. In 2005, the Civil Aviation Regulations 1998 were amended to address the need for the cancellation of certain airworthiness directives (ADs) that no longer serve their intended safety purpose, reflecting Australia's obligations under international agreements such as the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) has the authority to issue ADs, and these instruments are legislative in nature, subject to disallowance and review processes. The cancellation of specific ADs, such as the Australian AD/FPE/11 in response to an equivalent directive by the French DGAC, ensures that Australian regulations remain aligned with international safety standards without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, governs the issuance and cancellation of airworthiness directives in Australia, ensuring the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives for specific types of aircraft or aeronautical products, which are legislative instruments as defined in the Acts Interpretation Act 1901. These directives are critical for maintaining the continuing airworthiness of aircraft and must align with international standards set by the International Civil Aviation Organization (ICAO). The State of Registry, in this case CASA, has the responsibility to issue Australian airworthiness directives in response to directives issued by the State of Design, ensuring compliance with international obligations. The process of cancelling an airworthiness directive, such as AD/FPE/11 in response to AD F-1993-024 R3 issued by the French DGAC, is conducted without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This cancellation reflects Australia's adherence to international aviation safety standards and obligations under the Convention on International Civil Aviation.
Key Provisions
The primary operative sections of the Civil Aviation Act 1988, particularly as amended by the Civil Aviation (Safety) Regulations 1998, involve the issuance of airworthiness directives (ADs) under regulation 39.001. Section 98 of the Act empowers the Governor-General to make regulations to ensure the safety of air navigation, and subregulation 39.001(5) specifies that ADs are legislative instruments. This legislative framework is underpinned by the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in ensuring an aircraft's continuing airworthiness. In accordance with these provisions, the Civil Aviation Safety Authority (CASA) must assess and, where necessary, issue Australian ADs that reflect the requirements of the State of Design.
The obligations imposed on CASA and other parties under this legislation include the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. When the State of Design issues an AD, CASA must assess this information and issue a corresponding Australian AD if deemed necessary. This obligation is a direct consequence of Australia’s commitments under the Convention on International Civil Aviation. Moreover, the State of Registry must implement and enforce the ADs to ensure compliance with continuing airworthiness standards. CASA, as Australia’s national airworthiness authority, must liaise with the State of Design and other relevant authorities to facilitate the timely and accurate dissemination of ADs and other airworthiness information.
Failure to comply with airworthiness directives can result in serious civil and criminal consequences. Under section 84A of the Civil Aviation Act 1988, any person who contravenes an AD can be liable to substantial penalties. The exact penalties depend on the nature and severity of the breach, but they can include significant fines and, in severe cases, imprisonment. The maximum penalties for contravening an AD are set out in the Civil Aviation (Safety) Regulations 1998 and are intended to ensure strict compliance with airworthiness standards to protect the safety of air navigation. CASA has the authority to enforce these penalties and take appropriate action against any non-compliance.