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/G164/7 Amendment 2 affecting Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/G164/7 Amendment 2. 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 regulate civil aviation in Australia and ensure the safety of air navigation, among other objectives. Under this Act, the Governor-General is empowered to make regulations in the interests of safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on the issuance of such directives by the Civil Aviation Safety Authority (CASA). The objective of this legislative framework is to align with the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design has primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure compliance with these standards. CASA, acting as Australia's national airworthiness authority, is required to issue corresponding airworthiness directives when necessary, ensuring the safe operation of aircraft within Australia. This legislative process facilitates the effective management of aircraft safety by conforming to international standards and ensuring that Australian regulations are harmonized with global practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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 to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, typically the country where the aircraft was designed, is responsible for providing necessary information to maintain airworthiness, and the State of Registry, where the aircraft is registered, must ensure adherence to these requirements. In this instance, CASA has cancelled the Australian AD/G164/7 Amendment 2 for the Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes, effective from 30 July 2009, due to the unsafe condition no longer existing. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was required. The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the relevant provisions of the Act.
Key Provisions
The Civil Aviation Act 1988 provides a legislative framework for ensuring the safety of air navigation, and under section 98, the Governor-General is empowered to make regulations for these purposes. Regulation 39.001 of 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. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft, a responsibility that lies with the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations, CASA is tasked with assessing any ADs issued by the State of Design for aircraft on the Australian Register. If deemed necessary, CASA can then issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft operating in Australia meet the required safety standards. In the case of AD/G164/7 Amendment 2, which affected Schweizer (Grumman) G-164 (Ag-Cat) series aeroplanes, CASA assessed the directive and decided to cancel it. This decision was made due to the unsafe condition no longer existing, and as a result, no replacement AD is required. The cancellation of this AD was in line with Australia’s obligations under the Convention on International Civil Aviation.
CASA issued this directive under the authority of the Act, and the cancellation was implemented by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. The process of cancelling the AD did not require consultation with the Australian public, as determined by the Office of Best Practice Regulation, which concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was made effective as of 30 July 2009, marking the end of its regulatory impact in Australia.
In terms of compliance, any entity or individual failing to adhere to the requirements set out in an AD may face significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines, or even criminal charges in cases of gross negligence. The maximum penalties for these offences can be substantial, reflecting the serious nature of air safety regulations. Furthermore, operators and owners of affected aircraft must ensure that their operations comply with any ADs issued by CASA to avoid legal repercussions and to maintain the safety standards required by Australian law.