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/G164/12 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/G164/12. 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are a legislative instrument under the Acts Interpretation Act 1901, and their issuance is mandated to maintain the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, plays a crucial role in assessing and, if necessary, issuing these directives to ensure compliance with international standards and to address any safety concerns identified by the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, as an extension of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments made in accordance with the authority granted under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The primary responsibility for the continuing airworthiness of an aircraft type lies with the State of Design, which must provide necessary information to ensure safety, while the State of Registry, such as CASA in Australia, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. This regulatory framework is in line with the requirements of Annex 8 to the Convention on International Civil Aviation. The AD/G164/12 concerning Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes, issued by CASA, has been cancelled due to the resolution of the unsafe condition identified, and no further AD is required as of the cancellation effective date of 30 July 2009. This cancellation aligns with Australia's international obligations under the Convention on International Civil Aviation, and no public consultation was undertaken as a result.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as outlined in the Explanatory Statement, provide the framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this Act and its regulations are primarily focused on ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the airworthiness of a particular aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of individual aircraft. In the context of Australian law, CASA must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, CASA issued and subsequently cancelled Australian AD/G164/12, affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes, due to the unsafe condition no longer existing.
There are specific consequences for breaches of these regulations. While the Explanatory Statement does not detail specific offences or penalties, it is clear that failure to comply with ADs could lead to severe consequences under civil and criminal law. CASA, as the national airworthiness authority, has the power to enforce compliance with ADs, which may include imposing fines, grounding aircraft, or taking other regulatory actions against non-compliant entities or individuals. Although no public consultation or Regulatory Impact Statement was required for the cancellation of AD/G164/12 due to Australia's obligations under the Convention on International Civil Aviation, the regulatory process still adheres to stringent standards to ensure the safety and integrity of the aviation industry.