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.
CASA has raised AD/GA200/1 Amdt 1 to detect and correct an unsafe situation on GippsAero GA200 aircraft. The Amendment alters the compliance time and also provides some additional instructions. The unsafe condition relates to the potential failure of the wing strut attachment bolt/s. As Australia is the State of Design for the GA200, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. AD/GA200/1 Amendment 1, will become effective on
26 September 2012. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public as this unsafe condition is deemed to have immediate safety of flight implications and inspections and corrective actions must be carried out within a very short timeframe.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the General Manager, Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. The Civil Aviation Safety Regulations 1998 were made under section 98 of the Act to provide further detail on the implementation of safety regulations. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This authority is exercised to address specific safety issues, such as the unsafe situation detected on GippsAero GA200 aircraft, prompting CASA to issue AD/GA200/1 Amendment 1. This directive aims to correct the potential failure of the wing strut attachment bolts, a matter of immediate safety concern. CASA, acting as Australia's national airworthiness authority, is mandated by Annex 8 of the Convention on International Civil Aviation to develop and transmit such directives to other States of Registry. The compatibility of this AD with human rights and freedoms has been confirmed by the Office of Regulatory Review, which determined that no rights or freedoms are engaged by the technical requirements outlined in the directive.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (All Other Amendments) Instrument 2012 (F2012L01926) pertains to the Civil Aviation Act 1988, under which the Civil Aviation Safety Regulations 1998 were established. This particular legislative instrument pertains to the issuance of airworthiness directives, specifically AD/GA200/1 Amendment 1, which addresses an unsafe situation related to the potential failure of wing strut attachment bolts on GippsAero GA200 aircraft. The instrument applies to the GippsAero GA200 aircraft registered in Australia, thereby affecting aircraft owners, operators, and maintenance personnel associated with this aircraft model. As Australia is the State of Design for the GA200, the Civil Aviation Safety Authority (CASA) is mandated to develop and transmit the AD to other States of Registry to ensure compliance with international standards for airworthiness. The instrument extends across the Commonwealth, aligning with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation. While the instrument does not specify exclusions or exemptions, its immediate implementation due to safety concerns suggests a high threshold for applicability. The instrument, being a disallowable instrument under the Acts Interpretation Act 1901, requires assessment by the relevant parliamentary committees as per the Legislative Instruments Act 2003. This directive does not necessitate a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation, with particular emphasis on the continuing airworthiness of aircraft. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to issue regulations aimed at enhancing the safety of air navigation. 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 ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry to ensure safe operation. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the required safety measures. This was the case with AD/GA200/1 Amendment 1, which was issued to address an unsafe condition on GippsAero GA200 aircraft, specifically the potential failure of the wing strut attachment bolts.
The AD/GA200/1 Amendment 1 was issued to correct an immediate safety issue and therefore did not require consultation with the Australian industry and public. This amendment alters the compliance time and provides additional instructions to address the unsafe condition. The AD became effective on 26 September 2012, replacing the previous version. CASA, as the State of Design for the GA200, was required to develop and transmit this AD to other States of Registry. The Office of Regulatory Review determined that ADs do not require a Regulatory Impact Statement, given their immediate safety implications.
Compliance with human rights and freedoms is also considered in these regulations. The instrument is deemed compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The AD primarily sets out technical requirements and does not engage any of the applicable rights or freedoms. The AD was made by the General Manager, Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act. Any breaches of the AD or failure to comply with its requirements may result in enforcement actions by CASA, including potential civil or criminal penalties as stipulated by the applicable aviation safety regulations and other relevant laws.