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/G164/11 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/G164/11. 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 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, enacted by the Parliament of Australia, provides the legislative framework for the regulation of civil aviation within Australia. The Act was introduced to address the need for a comprehensive set of laws governing the safety and efficiency of civil aviation operations. One of the key mechanisms established by the Act is the ability for the Governor-General to make regulations under section 98, which include the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, is empowered under regulation 39.001 to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The ADs serve as legislative instruments that are subject to disallowance, as per section 46A of the Acts Interpretation Act 1901, and are regulated under the Legislative Instruments Act 2003. The policy objective of these regulations is to maintain the highest standards of aviation safety, ensuring compliance with both national and international obligations.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, applies to all individuals and entities involved in civil aviation activities within Australia. This includes aircraft operators, manufacturers, maintenance providers, and aviation professionals. The Act governs the issuance of airworthiness directives (ADs), which are legally binding requirements aimed at ensuring the safety of aircraft in operation. The ADs, as legislative instruments, extend to any kind of aircraft or aeronautical products registered in Australia, thereby ensuring compliance with national and international safety standards. Geographically, the Act's reach is national, with the Civil Aviation Safety Authority (CASA) acting as the regulatory body under the authority delegated by the Governor-General. The Act mandates that CASA assess and, if necessary, issue ADs based on international standards set by the Convention on International Civil Aviation. Any AD issued by CASA is subject to disallowance under the Acts Interpretation Act 1901, and the Legislative Instruments Act 2003 recognises ADs as legislative instruments. Importantly, this legislation does not require public consultation or a Regulatory Impact Statement for AD issuance or cancellation. The Act ensures that the State of Registry maintains responsibility for the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Governor-General and the Civil Aviation Safety Authority (CASA) respectively to issue airworthiness directives (ADs). These directives are legislative instruments (section 6 of the Legislative Instruments Act 2003) designed to maintain the safety of air navigation. An airworthiness directive is a regulatory tool issued when an unsafe condition is identified in an aircraft, aeronautical product, or component. The State of Design, which is responsible for the type design of the aircraft, must provide information to the States of Registry to ensure continuing airworthiness. The State of Registry, in this case CASA, must then assess this information and issue an Australian AD if necessary to mandate the requirements of the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to act on information provided by the State of Design. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must review the information and, if necessary, issue a corresponding Australian AD. This ensures that the continuing airworthiness of the aircraft is maintained according to international standards set by Annex 8 to the Convention on International Civil Aviation. CASA is tasked with ensuring that the ADs issued are in line with these international obligations, which include the provision of necessary information to ensure the safe operation of aircraft.
Failure to comply with an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to civil or criminal penalties. The specific penalties for breaches are not detailed in the provided text, but generally, such breaches can lead to substantial fines or other legal repercussions. The Act and Regulations aim to enforce compliance to maintain the highest safety standards in civil aviation, ensuring that any unsafe conditions identified are addressed promptly and effectively.
The cancellation of Australian AD/G164/11 for Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes is a direct result of Australia's obligations under the Convention on International Civil Aviation. This cancellation, effective from 30 July 2009, was made without consultation with the Australian public as it was deemed unnecessary by the Office of Best Practice Regulation. The decision to cancel the AD was 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. This process highlights the regulatory framework's flexibility in responding to changes in safety conditions and the international commitments that underpin domestic aviation safety measures.