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/G164/13 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/G164/13. 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, Airframe 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 regulate the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework for the establishment of the Civil Aviation Safety Authority (CASA), which is responsible for overseeing the safety and airworthiness of aircraft within Australia. The Act addresses the need for a comprehensive regulatory approach to ensure that civil aviation operates safely and efficiently, aligning with international standards and obligations. Under section 98 of the Act, the Governor-General is empowered to make regulations to enhance the safety of air navigation, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for issuing ADs, which are legislative instruments that mandate compliance with specific airworthiness standards. The policy objective of this legislation is to ensure the continuing airworthiness of aircraft and to protect the safety of air navigation by issuing necessary directives and regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance with safety requirements to ensure the continuing airworthiness of aircraft registered in Australia. The authority to issue ADs is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with the responsibility of providing necessary information to maintain the airworthiness of aircraft types, and the State of Registry, in this case CASA, is responsible for enforcing these requirements within Australia. The ADs serve as a critical mechanism for communicating continuing airworthiness information, and their issuance by CASA is pivotal in maintaining high safety standards in civil aviation. The scope of ADs extends to individual aircraft registered in Australia, and their implementation ensures adherence to both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, and section 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Regulation 39.001(5) explicitly states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby categorising it as a legislative instrument. Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design, which is responsible for the design of the aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type, and must provide necessary information to ensure this airworthiness. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
The obligations imposed by these provisions on CASA, as Australia's national airworthiness authority, include the assessment of information provided by the State of Design when an AD is issued against a type of aircraft on the Australian Register. If deemed appropriate, CASA must issue an Australian AD to mandate the requirements of the State of Design. For instance, AD/G164/13 was issued by CASA affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes, but has since been cancelled due to the unsafe condition no longer existing. This cancellation, in line with Australia's obligations under the Convention on International Civil Aviation, did not require consultation with the Australian public or a Regulatory Impact Statement. The cancellation of AD/G164/13 was effective as of 30 July 2009, and no replacement AD was necessary.
The consequences of failing to comply with an AD can be severe, both in civil and criminal contexts. Civil penalties may include fines and the potential grounding of the aircraft, which could lead to significant operational disruptions and financial losses for the operator. Criminal penalties could apply in cases where non-compliance results in serious harm or even fatalities, potentially leading to imprisonment for the responsible individuals or entities. The exact penalties are not specified in the provided text, but they are significant enough to underscore the importance of adhering to ADs. The AD is issued by CASA under the authority granted by subsection 84A(2) of the Act, ensuring that the directive is legally binding and enforceable.