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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/GENERAL/53 affecting aircraft with a maximum take-off weight in excess of 5700kg. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 3 July 2008. No replacement AD is required.
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, 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. This legislation empowers the Governor-General to create regulations in the interest of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These directives are essential tools for maintaining the continuing airworthiness of aircraft, in line with international obligations under Annex 8 to the Convention on International Civil Aviation. In this context, the State of Design bears the responsibility for providing necessary information to ensure an aircraft type's airworthiness, while the State of Registry must implement measures to ensure the continuing airworthiness of individual aircraft. CASA has the authority to issue, review, and cancel ADs, such as the recent cancellation of AD/GENERAL/53 for aircraft with a maximum take-off weight exceeding 5700kg, effective from 3 July 2008, due to Australia’s obligations under the Convention on International Civil Aviation. The cancellation of this AD does not require public consultation or a Regulatory Impact Statement, and was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and are crucial for ensuring the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry in accordance with Annex 8 to the Convention on International Civil Aviation. ADs are essential for compliance with international standards set by the International Civil Aviation Organization (ICAO) and are typically issued by ICAO Contracting States, including Australia. CASA, acting on behalf of the Australian government, has the authority to issue and cancel such directives, as demonstrated by the recent cancellation of AD/GENERAL/53, which affected aircraft with a maximum take-off weight exceeding 5700kg. The cancellation was executed due to Australia’s obligations under the Convention on International Civil Aviation and was made without public consultation, as the Office of Best Practice Regulation deemed that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is done in accordance with section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. These ADs serve as crucial tools to ensure the ongoing airworthiness of aircraft types, as mandated by Annex 8 of the Convention on International Civil Aviation.
Under these regulations, CASA has the authority to issue ADs, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. Consequently, they are also regarded as legislative instruments according to section 6 of the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of the aircraft registered within its jurisdiction, as stipulated in Annex 8.
Compliance with these regulations requires CASA to issue ADs that align with international standards and obligations under the Convention on International Civil Aviation. Given the global nature of civil aviation, adherence to these standards is critical to maintaining safety and uniformity across different jurisdictions. The cancellation of AD/GENERAL/53, which affected aircraft with a maximum take-off weight exceeding 5700kg, exemplifies how CASA exercises its regulatory authority. This AD has been cancelled as per Australia’s international obligations, with no replacement AD required. The cancellation, effective from 3 July 2008, was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
There are no civil or criminal penalties explicitly stated for non-compliance with these ADs, but failure to adhere to ADs can result in severe consequences, including the grounding of non-compliant aircraft, which could lead to significant operational disruptions and potential safety risks. Regulatory oversight and enforcement mechanisms ensure that ADs are implemented effectively, thereby maintaining the high safety standards essential in civil aviation.