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/FU24/39 affecting Fletcher FU24 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/FU24/39. The cancellation will become effective on 7 May 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 legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that are crucial for maintaining the safety of air navigation, and these regulations are intended to reflect the interests of public safety. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are a legislative instrument, as outlined in the Legislative Instruments Act 2003, and are essential for communicating the requirements for maintaining the continuing airworthiness of aircraft types.
The process for issuing and cancelling ADs, such as the recent cancellation of Australian AD/FU24/39 for the Fletcher FU24 model aircraft, is conducted in accordance with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and, if necessary, issues Australian ADs to ensure compliance with safety standards. The cancellation of AD/FU24/39 was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group on behalf of CASA, and it became effective on 7 May 2009. Given that this cancellation was a result of international obligations, no public consultation was required, and the Office of Best Practice Regulation has determined that ADs do not need a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the overarching framework of the Civil Aviation Act 1988, enable the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as the national airworthiness authority in Australia. These directives apply to specific kinds of aircraft or aeronautical products, with the intent to ensure the safety of air navigation in accordance with international standards. ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, typically the country where the aircraft is designed, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and ADs serve as the primary mechanism for communicating necessary maintenance and operational requirements. In the case of Australian registered aircraft, CASA must evaluate and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design. The cancellation of an Australian AD, such as AD/FU24/39 for Fletcher FU24 model aircraft, is executed without public consultation due to Australia's commitments under the Convention on International Civil Aviation, and does not necessitate a Regulatory Impact Statement. The Manager, Systems and New Technologies, within CASA’s Airworthiness Engineering Group, is responsible for issuing these directives in compliance with the Civil Aviation Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations to ensure the safety of air navigation. One of the key regulations under this Act is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as detailed in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore a legislative instrument.
The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to States of Registry to ensure the ongoing airworthiness of the aircraft type. In Australia, the State of Registry, represented by CASA, is responsible for ensuring the continuing airworthiness of individual aircraft registered in Australia. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to mandate the State of Design’s requirements.
Under this framework, CASA has issued AD/FU24/39 for Fletcher FU24 model aircraft. Following an assessment, CASA decided to cancel this AD. The cancellation of AD/FU24/39 is effective from 7 May 2009, and no replacement AD is required as the unsafe condition identified no longer exists. The cancellation of this AD is due to Australia’s obligations under the Convention on International Civil Aviation, and thus, no public consultation was conducted. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was made by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. CASA’s role in issuing and managing ADs is pivotal in ensuring the safety and airworthiness of aircraft within Australia. The obligations imposed on CASA and other entities governed by the Act include a duty to assess and act on ADs issued by States of Design, thereby ensuring compliance with international standards and obligations. The failure to comply with ADs or to issue appropriate directives can lead to civil or criminal consequences, although specific penalties are not detailed in the text provided.