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/46 affecting all aircraft with fuel quantity indicators in 1972. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/46. 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 was enacted to provide a legislative framework that ensures the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations that support the overarching goal of ensuring air navigation safety, as stated in section 98. Specifically, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The Civil Aviation Act 1988, along with its associated regulations, addresses the need for a robust regulatory system to maintain the safety standards required for civil aviation in Australia, ensuring compliance with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to aircraft registered in Australia and their operators, mandating compliance with safety standards set forth by CASA. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs for particular types of aircraft or aeronautical products. This regulatory framework aligns with international standards under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. ADs serve as a critical mechanism for disseminating necessary safety information to maintain airworthiness standards globally. The issuance of these directives is subject to the provisions of the Legislative Instruments Act 2003, classifying ADs as disallowable instruments. In the case of the cancellation of Australian AD/GENERAL/46, which affected all aircraft with fuel quantity indicators, CASA determined that the unsafe condition had been resolved, leading to the AD's cancellation without public consultation, as deemed appropriate under the relevant legislation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products (39.001(1)). These ADs, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. This includes assessing and, if necessary, issuing ADs that mandate the requirements specified by the State of Design, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which are responsible for the continuing airworthiness of individual aircraft.
For example, in 1972, AD/GENERAL/46 was issued concerning all aircraft with fuel quantity indicators. After reassessment by CASA, this AD has now been cancelled, effective from 20 December 2007, as the unsafe condition it addressed no longer exists. No replacement AD is required, and as this cancellation was due to Australia's obligations under the Convention on International Civil Aviation, no public consultation was necessary. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
The AD cancellation was 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. This process underscores the importance of adhering to international standards and ensuring that any changes to ADs are in line with both domestic and international aviation safety requirements.