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/G164/2 Amendment 1 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/G164/2 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, 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 Australian Parliament, governs civil aviation activities and ensures the safety of air navigation. This legislation was introduced to address the need for a comprehensive regulatory framework governing civil aviation operations in Australia, including the safety and airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to make regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. The ADs are designed to maintain the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. The policy objective is to ensure that all aircraft operating in Australia meet the highest safety standards, in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under these regulations, CASA can issue ADs for specific kinds of aircraft or aeronautical products in order to ensure the safety of air navigation. These ADs are legislative instruments and are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs align with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation, thereby facilitating the international regulation of airworthiness. In practice, this means that when a State of Design issues an AD, CASA must assess and, if necessary, issue an Australian AD to ensure the safety of aircraft registered in Australia. For example, AD/G164/2 Amendment 1, issued by CASA regarding the Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes, was cancelled as the unsafe condition no longer existed. This cancellation was made in accordance with Australia’s international obligations and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended, provides the framework for ensuring the safety of air navigation within Australia, with the Civil Aviation Safety Regulations 1998 detailing specific requirements and procedures. Section 98 of the Act allows the Governor-General to create regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments.
Under this regulatory structure, the State of Design—the country where the aircraft was originally designed—bears the primary responsibility for the ongoing airworthiness of a particular aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure airworthiness to States of Registry, which are countries where the aircraft are registered. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its territory. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
An example of this process in action is found in AD/G164/2 Amendment 1, which was issued by CASA affecting the Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. After conducting an assessment, CASA determined that the unsafe condition identified in this AD no longer existed and thus cancelled Australian AD/G164/2 Amendment 1. This cancellation took effect on 30 July 2009, and no replacement AD was required. Notably, because this cancellation resulted from Australia’s obligations under the Convention on International Civil Aviation, no public consultation was undertaken, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Should any entity or individual fail to comply with the requirements set out in these ADs, various penalties and consequences may apply. While the specifics of these consequences are not detailed in the provided excerpt, it is understood that non-compliance with ADs could lead to serious safety issues, potentially resulting in both civil and criminal liabilities under Australian law. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively ensure that such compliance is strictly enforced to maintain the highest standards of aviation safety.