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/FU24/61 affecting Fletcher FU24 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/FU24/61. 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, serves to regulate civil aviation within Australia, with a key focus on ensuring the safety of air navigation. This Act allows the Governor-General to make regulations that align with the interests of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. The problem this legislation addresses is the need for a regulatory framework to maintain the airworthiness of aircraft and aeronautical products, in line with international standards set by the Convention on International Civil Aviation. The policy objective is to ensure that aircraft in Australia meet stringent safety standards, reflecting the responsibilities of the State of Design and the State of Registry under international agreements. The Civil Aviation Safety Regulations 1998 empower CASA to issue ADs, which are legislative instruments, to address specific safety concerns related to aircraft types or aeronautical products, thereby maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring compliance with safety standards in line with section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901, are crucial for maintaining the continuing airworthiness of aircraft registered in Australia, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for ensuring the airworthiness of an aircraft type, and must communicate necessary information to States of Registry, including Australia, which must then adopt and enforce these directives to comply with international standards. The cancellation of Australian AD/FU24/61 for Fletcher FU24 model aircraft, effective from 7 May 2009, exemplifies CASA's role in implementing these international obligations, rendering the need for public consultation or a Regulatory Impact Statement unnecessary.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, outlines the framework within which airworthiness directives (ADs) are issued and managed in Australia. Section 98 of the Act empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, as clarified by subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA is tasked with ensuring that the airworthiness of aircraft registered in Australia is maintained in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn must adopt requirements to maintain airworthiness. When an AD is issued by a State of Design, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the required safety measures.
The issuance and cancellation of ADs, such as the case with Australian AD/FU24/61 for the Fletcher FU24 model aircraft, are actions taken to address safety concerns. CASA assessed the AD and decided to cancel it effective 7 May 2009, as the unsafe condition it was meant to address no longer existed. This cancellation was made in line with Australia's obligations under the Convention on International Civil Aviation and without public consultation, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement.
Legally, the AD cancellation was executed by the Manager, Airframes and Structures, within the Airworthiness Engineering Group, on behalf of CASA. This action was taken under subsection 84A(2) of the Act, ensuring that CASA’s decision-making process aligns with legislative requirements. The cancellation signifies the resolution of a previously identified safety issue, highlighting the authority and responsibility of CASA in maintaining the safety and airworthiness of aircraft registered in Australia.