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/G164/16 Amendment 1 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/G164/16 Amendment 1. 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 was enacted to establish and regulate the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive legislation governing the safety of air navigation and aircraft operations. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. As a legislative instrument, ADs are subject to disallowance under the Acts Interpretation Act 1901 and require assessment by CASA when issued by the State of Design. In the case of AD/G164/16 Amendment 1 concerning the Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes, CASA assessed and subsequently cancelled the directive due to the resolution of the identified unsafe condition, in line with Australia's obligations under the Convention on International Civil Aviation. The Manager, Airframe and Structures, issued the cancellation on behalf of CASA, pursuant to the Act.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, applies to all aircraft operating within Australian jurisdiction and mandates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under the authority conferred by section 98 of the Act, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901, are essential for maintaining the continuing airworthiness of aircraft registered in Australia. The State of Design retains the primary responsibility for the airworthiness of aircraft types, while the State of Registry, in this case, CASA, must ensure that any AD issued by the State of Design is assessed and, if necessary, an Australian AD is issued to implement the required safety measures. The process of issuing and cancelling ADs is conducted in line with international obligations under Annex 8 to the Convention on International Civil Aviation, ensuring that all ADs are issued in the interests of maintaining the highest safety standards in air navigation.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are legally binding instruments under Australian law. Regulation 39.001(5) specifies that ADs are disallowable instruments, making them legislative instruments according to the Legislative Instruments Act 2003. These ADs are crucial for ensuring the continuing airworthiness of aircraft and must be assessed and potentially adapted by CASA when issued by the State of Design.
The obligations imposed on parties by the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide necessary information for maintaining the airworthiness of aircraft types, which CASA must assess and implement as Australian ADs if necessary. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. CASA, as Australia's national airworthiness authority, must ensure compliance with these requirements and international obligations under the Convention on International Civil Aviation.
Breach of the obligations outlined in the Civil Aviation Safety Regulations 1998 can lead to serious consequences. While the specific penalties for non-compliance are not detailed in the text, regulatory breaches generally carry significant civil and criminal penalties under Australian law. These penalties may include fines and imprisonment, reflecting the critical importance of adhering to airworthiness directives and ensuring the safety of air navigation.