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.
In 1967, CASA issued AD/GENERAL/38, Amendment 1, affecting portable fire extinguishers fitted to aircraft. CASA has reviewed this AD and, as a result, has decided to cancel AD/GENERAL/38, Amendment 1. The cancellation will become effective on 25 October 2007. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation, providing a legal framework for regulating civil aviation within Australia. This Act empowers the Governor-General to create regulations that promote air safety, and it delegates the responsibility of issuing airworthiness directives to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective underlying these provisions is to maintain and enhance the safety of air navigation by ensuring that aircraft and aeronautical products meet specific safety standards. CASA’s issuance of airworthiness directives is a legislative instrument, as stipulated in the Legislative Instruments Act 2003, and these directives serve as a crucial mechanism for communicating essential safety information to the aviation industry.
Scope and Application
The Civil Aviation Act 1988 applies to aviation-related activities within Australia, and the Civil Aviation Safety Regulations 1998 provide the regulatory framework to ensure the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, with the State of Design having overall responsibility and the State of Registry implementing the directives for individual aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs when necessary. In this context, CASA has decided to cancel AD/GENERAL/38, Amendment 1, effective 25 October 2007, as the original unsafe condition it addressed no longer exists. This decision follows a review process and is made under the authority granted by the Act, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (sections 98, 39.001). These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and their creation must comply with the Legislative Instruments Act 2003 (section 6). The authority to issue ADs stems from Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, such as CASA in Australia, is then responsible for ensuring the continuing airworthiness of the aircraft registered within its jurisdiction.
The obligations under the Act and regulations require CASA to assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to mandate the required actions. For instance, CASA must review an AD issued by the State of Design concerning a type of aircraft registered in Australia. This involves assessing whether the AD's requirements are necessary for ensuring the safety of the aircraft and then issuing a corresponding Australian AD if deemed appropriate. CASA’s role is critical in maintaining the safety standards and ensuring compliance with international aviation safety protocols.
Failure to comply with an AD can lead to serious safety implications and legal consequences. The Civil Aviation Act 1988 imposes penalties for non-compliance with ADs, which can include fines and other sanctions. The exact penalties are not specified in the provided text, but generally, such breaches can attract significant fines and potential criminal charges, particularly if the non-compliance results in an aviation accident or incident. CASA has the authority to enforce compliance through various means, including audits, inspections, and legal actions.
In the specific case of AD/GENERAL/38, Amendment 1, which was issued in 1967 regarding portable fire extinguishers on aircraft, CASA has determined that the AD is no longer necessary as the unsafe condition it addressed no longer exists. Consequently, CASA has decided to cancel this AD, effective from 25 October 2007. This cancellation was made without public consultation, as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required. The cancellation was authorised by the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act.