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 1976, the Civil Aviation Safety Authority or its predecessors issued AD/GENERAL/52 affecting all aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/52. 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 Manager, 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 Parliament of Australia, aims to ensure the safety and efficiency of civil aviation. The Act provides the legal framework for the regulation of civil aviation, including the establishment of the Civil Aviation Safety Authority (CASA). One of its key provisions is the authority for CASA to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, which are made in the interests of the safety of air navigation. These directives are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of the ADs is to mandate specific safety measures in response to identified unsafe conditions, ensuring that Australian aircraft meet both domestic and international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, including issuing ADs to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further specify that CASA, as Australia's national airworthiness authority, may issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, which is responsible for ensuring the airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The application of ADs extends to all aircraft registered in Australia and is consistent with Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, as required under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for an aircraft's airworthiness on the State of Design and the State of Registry.
The obligations imposed by these provisions require CASA to act upon ADs issued by the State of Design for aircraft on the Australian Register. The State of Registry must ensure that each aircraft is airworthy and complies with the necessary safety standards. When CASA receives an AD from a State of Design, it must evaluate the information and, if necessary, issue a corresponding Australian AD to mandate the required actions. This ensures that all aircraft operating in Australia meet international safety standards. In the specific case of AD/GENERAL/52, which was issued in 1976 and subsequently cancelled by CASA, no replacement AD was deemed necessary because the unsafe condition no longer exists.
There are no public consultations or Regulatory Impact Statements required for the issuance or cancellation of ADs, as determined by the Office of Best Practice Regulation. The Manager of the Airworthiness Engineering Branch, on behalf of CASA, issues these directives in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The authority to issue and cancel ADs is a critical tool in ensuring that Australian civil aviation remains safe and compliant with international standards.
Failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance can result in both civil and criminal penalties. Civil penalties may include fines up to $21,000 for individuals and $105,000 for corporations, while criminal penalties can include fines up to $126,000 for individuals and $630,000 for corporations, or imprisonment for up to two years, or both. These penalties underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft in Australia.