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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/GAS/1 Amdt 8 affecting compressed gas cylinder equipment. As a result of a request from industry CASA has reviewed this AD and decided to amend it to incorporate updated test interval calendar times. The amended AD, AD/GAS/1 Amdt 9, will become effective on 11 March 2010. This AD cancels and replaces the previous issue.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate civil aviation in Australia and ensure the safety of air navigation. It provides the legislative framework for the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. They are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. The recent amendment to AD/GAS/1 Amdt 8 to AD/GAS/1 Amdt 9, effective from 11 March 2010, updates the test interval calendar times for compressed gas cylinder equipment following a review by CASA. This amendment was made by the Manager, Continuing Airworthiness in CASA's Airworthiness and Engineering Branch, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, permit the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. Pursuant to subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are therefore legislative instruments as per the Legislative Instruments Act 2003. The ADs issued by the Civil Aviation Safety Authority (CASA) mandate compliance with airworthiness requirements set forth by the State of Design, and the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. This regulatory framework ensures that all relevant entities, including aircraft manufacturers, operators, and maintenance providers, adhere to stringent safety standards. These regulations extend nationally, aligning with international standards under Annex 8 to the Convention on International Civil Aviation, and do not currently specify any exclusions or exemptions within the scope of the provided text. The authority to issue and amend ADs is exercised by CASA, reflecting its role as Australia's national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for 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 aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation assigns the State of Design with the responsibility for an aircraft type’s ongoing airworthiness, requiring it to provide necessary information to the State of Registry to ensure continued airworthiness. The State of Registry is also responsible for its aircraft's ongoing airworthiness and must develop or adopt requirements to ensure it, in line with Annex 8. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by these provisions require CASA to assess and potentially issue Australian ADs when a State of Design issues an AD for a type of aircraft on the Australian Register. This process ensures that the continuing airworthiness of Australian-registered aircraft aligns with international standards and requirements. CASA’s role is critical in maintaining safety and compliance with international civil aviation regulations. The State of Design must also provide any necessary information to ensure the ongoing airworthiness of the aircraft type, and the State of Registry must implement or adopt the requisite measures to maintain airworthiness.
Failure to comply with an AD can lead to serious consequences. Under section 94 of the Civil Aviation Act 1988, CASA has the authority to issue penalties for non-compliance with airworthiness directives. The specific penalties are not detailed in the provided text but generally can include fines and potential grounding of non-compliant aircraft. Furthermore, non-compliance can also result in civil or criminal liability, depending on the severity of the breach and its impact on aviation safety. Such consequences underscore the importance of adhering to ADs and ensuring the continuing airworthiness of aircraft to maintain safety standards.