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/G164/6 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/G164/6. 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 comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation grants the Governor-General the authority to create regulations under section 98, particularly for the safety of air navigation. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products, aligning with international standards as stipulated in Annex 8 of the Convention on International Civil Aviation. This legislative mechanism enables CASA to mandate specific requirements to maintain the continuing airworthiness of aircraft, ensuring compliance with both national and international safety standards. The policy objective of these regulations is to uphold the highest safety standards in civil aviation, protecting both the public and the aviation industry.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia, particularly concerning the airworthiness of aircraft and aeronautical products. The Act and Regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments made under section 98 of the Act and regulation 39.001 of the Regulations. These directives mandate specific requirements for the maintenance, repair, and replacement of parts on certain types of aircraft to ensure their continuing airworthiness. ADs apply to any person or entity involved in the operation, maintenance, or modification of the affected aircraft types registered in Australia. The geographic reach of these regulations is national, applying to all aircraft registered under the Australian Register. The scope of these directives is not restricted by geographic boundaries, but they are influenced by international standards and obligations under the Convention on International Civil Aviation, particularly those concerning the responsibilities of the State of Design and the State of Registry. While the Act and Regulations broadly apply, there may be exclusions or exemptions under specific circumstances, as determined by CASA in accordance with the Convention and other relevant international agreements. The application and interpretation of these regulations can be further refined or extended through subordinate instruments or administrative guidelines issued by CASA.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments under section 6 of the Legislative Instruments Act 2003. ADs are crucial for ensuring the ongoing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types.
In accordance with these regulations, CASA is obligated to assess any ADs issued by the State of Design concerning aircraft registered in Australia. If necessary, CASA must issue an Australian AD to enforce the requirements of the foreign AD. For example, CASA issued AD/G164/6 for Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes but later cancelled it on 30 July 2009, as the unsafe condition no longer existed. This cancellation was made under Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
The obligations under this Act require CASA to ensure that all aircraft registered in Australia meet the necessary safety standards. This involves closely monitoring international ADs and acting promptly to issue or cancel Australian ADs as appropriate. CASA’s role extends to cancelling ADs when the unsafe conditions addressed by the directives no longer exist, as seen with the cancellation of AD/G164/6. This process ensures that Australian aircraft maintain high safety standards, consistent with international obligations and practices.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in enforcement actions, including fines and potential prosecution. The maximum penalties for breaches of ADs are severe and can include substantial fines for individuals and corporations. These measures underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft, ensuring compliance with national and international aviation safety standards.