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/G164/10 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/G164/10. The cancellation will become effective on 30 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 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 regulate civil aviation safety in Australia, addressing the need for consistent and stringent safety standards across the industry. The Civil Aviation Safety Regulations 1998 further detail the regulatory framework, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are essential for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The Act empowers CASA to issue ADs, which serve as legislative instruments, and these directives are crucial for maintaining safety standards and ensuring compliance with international obligations. The 2009 issue of airworthiness directive AD/G164/10, which was subsequently cancelled, exemplifies the authority’s role in responding to safety concerns and international obligations, reflecting the Act’s objective of safeguarding air navigation safety.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework under which airworthiness directives (ADs) can be issued to ensure the safety of aircraft and aeronautical products in Australia. According to section 98 of the Act, the Governor-General may make regulations for the purposes of the Act, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. The ADs are legislative instruments and serve as a key mechanism for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses and issues these directives to ensure compliance with safety standards. The ADs apply to specific aircraft types registered in Australia, and the authority to issue such directives extends nationally, aligning with international standards. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The scope of this regulation ensures that CASA can mandate safety requirements based on international obligations and domestic safety needs.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives serve to maintain the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the type design of the aircraft, is obligated to provide essential information to ensure the continued airworthiness of the aircraft type. Meanwhile, the State of Registry, which registers the individual aircraft, must develop or adopt requirements to ensure the aircraft's ongoing airworthiness. CASA, as Australia's national airworthiness authority, has the responsibility to assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements.
In the specific case of AD/G164/10 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes, CASA has assessed the AD and subsequently cancelled Australian AD/G164/10. This cancellation, effective from 30 July 2009, was made because the unsafe condition addressed by the AD no longer exists, thereby eliminating the need for a replacement AD. Given that the cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was undertaken regarding this decision. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was issued by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. This process underscores CASA's commitment to ensuring the safety and airworthiness of aircraft registered in Australia, in line with international standards and obligations.