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 1975, the Civil Aviation Safety Authority or its predecessors issued AD/GENERAL/51 affecting all aircraft below a maximum take-off weight of 5700kg. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/51. 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 ensure the safety and efficiency of civil aviation in Australia. One of the significant issues this legislation addresses is the need for regulatory oversight and enforcement to ensure the continuing airworthiness of aircraft. In accordance with section 98 of the Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as they are disallowable under the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs ensure that both the State of Design and the State of Registry of an aircraft meet their obligations under Annex 8 of the Convention on International Civil Aviation to maintain the continuing airworthiness of aircraft. The AD in question, AD/GENERAL/51, which was issued in 1975 and affecting all aircraft below a maximum take-off weight of 5700kg, has been cancelled by CASA due to the resolution of the unsafe condition it was addressing. This cancellation aligns with Australia's commitments under international aviation conventions, and no public consultation or Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, applying to all entities involved in civil aviation, including aircraft manufacturers, operators, and the Civil Aviation Safety Authority (CASA). These regulations mandate CASA to issue ADs for specific kinds of aircraft or aeronautical products, as authorised under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are intended to ensure the safety and airworthiness of aircraft in accordance with international standards set out in Annex 8 of the Convention on International Civil Aviation. This includes the responsibility of the State of Design to provide necessary information for maintaining airworthiness and the obligation of the State of Registry to implement these requirements. The geographic reach of these regulations is national, governing the application and enforcement of ADs across Australia. While ADs are crucial for safety, they are not subject to public consultation or regulatory impact statements, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and the Acts Interpretation Act 1901. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry is tasked with implementing requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements.
These regulations impose specific obligations on CASA and the State of Registry. CASA must assess ADs issued by the State of Design and decide whether to issue an Australian AD to enforce the requirements. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft and comply with ADs issued by CASA or other relevant authorities. These obligations are aimed at maintaining high safety standards and ensuring that aircraft remain airworthy throughout their operational life.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, leading to potential criminal penalties. The maximum penalty for such offences can be substantial, reflecting the critical importance of adhering to airworthiness directives. In addition to criminal penalties, non-compliance can also result in civil consequences, such as fines or the grounding of aircraft, which can have significant financial and operational impacts on aviation entities.
The Civil Aviation Safety Regulations 1998 also include provisions for the cancellation of ADs. For example, AD/GENERAL/51, issued in 1975 and affecting all aircraft below a maximum take-off weight of 5700kg, has been cancelled by CASA as the unsafe condition it addressed no longer exists. This cancellation took place on 20 December 2007, and no replacement AD was required. The decision to cancel this AD was made in accordance with the Convention on International Civil Aviation and was not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.