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/GENERAL/18 Amendment 1 affecting all aircraft with automatic pilots. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/18 Amendment 1. The cancellation will become effective on 20 December 2007. 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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within Australia, aiming to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The process involves CASA assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. In a specific instance, Australian AD/GENERAL/18 Amendment 1, affecting aircraft with automatic pilots, has been cancelled by CASA, effective from 20 December 2007, due to the resolution of the unsafe condition identified, thereby negating the need for a Regulatory Impact Statement or public consultation.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation within Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) that mandate safety requirements for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that have the potential to be disallowed under the Acts Interpretation Act 1901, and they serve as a means for Australia to comply with its obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to safety concerns identified by the State of Design or the State of Registry of an aircraft, and CASA must assess the necessity of issuing corresponding Australian ADs to ensure compliance with international safety standards. The issuance and cancellation of ADs are conducted by CASA without the need for public consultation, as they fall outside the scope of requiring a Regulatory Impact Statement, and the decision-making process is carried out by authorised personnel within CASA in line with the legislative provisions.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations necessary for the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are therefore legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to ensuring the continuing airworthiness of aircraft, a responsibility that primarily lies with the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to maintain the airworthiness of an aircraft type to the appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, assumes the duty of assessing such directives issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 extend to ensuring that the State of Registry of an individual aircraft is responsible for its ongoing airworthiness. This includes developing or adopting requirements to uphold the airworthiness of aircraft, in line with Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must evaluate the information and, if appropriate, issue an Australian AD to implement the required measures.
In the specific instance of AD/GENERAL/18 Amendment 1, which affected all aircraft with automatic pilots, CASA assessed the AD and determined it necessary to cancel the directive, effective from 20 December 2007. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD was required as the unsafe condition no longer existed. It is noteworthy that no public consultation or Regulatory Impact Statement was required for this cancellation, as determined by the Office of Best Practice Regulation.
Breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. The Act itself does not specify penalties, but non-compliance with ADs can result in civil or criminal penalties, including fines and imprisonment. These penalties are intended to enforce the safety regulations and ensure adherence to the directives aimed at maintaining airworthiness. The ADs are issued under the authority of the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act.