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/FU24/47 affecting Fletcher FU24 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/FU24/47. 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, Airframes 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 by the Australian Parliament, was introduced to establish a comprehensive legal framework governing civil aviation in Australia. It addresses the need for a unified and efficient regulatory system that ensures the safety, efficiency, and orderly development of civil aviation. The Act allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One of the key mechanisms under the Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing ADs, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to uphold the highest safety standards in civil aviation by mandating appropriate actions when unsafe conditions are identified.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as amended, provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the aim of ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) can issue ADs for certain kinds of aircraft or aeronautical products, and these ADs are considered legislative instruments. These directives are typically issued by the State of Design of an aircraft, with the State of Registry responsible for ensuring the continuing airworthiness of individual aircraft. In the specific case of AD/FU24/47 concerning Fletcher FU24 model aircraft, CASA assessed the information provided by the State of Design and subsequently cancelled the Australian AD as the unsafe condition no longer exists. The AD cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation and no public consultation or Regulatory Impact Statement was required. The AD was issued by the Manager, Airframes and Structures, in the Airworthiness Engineering Group, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations that contribute to the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. These directives are critical for maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations primarily concern the State of Design and the State of Registry of an aircraft. The State of Design, typically the manufacturer of the aircraft, is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to ensure that the aircraft remain airworthy. This information is disseminated through ADs, which are the most common form of continuing airworthiness communication. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements.
In cases where an AD is issued by the State of Design, CASA has a responsibility to assess the information and determine whether an Australian AD is required. In the specific case of AD/FU24/47, which affected Fletcher FU24 model aircraft, CASA assessed the directive and subsequently cancelled it on 7 May 2009. This cancellation was due to the resolution of the unsafe condition that originally prompted the AD. Importantly, as the cancellation was a result of Australia’s obligations under the Convention on International Civil Aviation, no public consultation was necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Failure to comply with airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, breaches of ADs may lead to civil or criminal penalties. Specifically, section 14 of the Act provides that a person who contravenes a regulation may be liable for a penalty, which can include fines up to the statutory maximum of 500 penalty units for individuals and 2,500 penalty units for bodies corporate, as determined by the court. In more serious cases, especially those involving reckless behaviour that endangers the safety of air navigation, criminal penalties may also apply, potentially leading to imprisonment. These provisions underscore the importance of adhering to airworthiness directives to maintain the safety of air navigation in Australia.