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 issued AD/GENERAL/62 affecting piston engine aircraft in 1987. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/62. The cancellation will become effective on 22 November 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, enacted by the Australian Parliament, governs the safety and regulation of civil aviation within Australia. This Act was introduced to ensure the safe operation of aircraft and the protection of life and property both on the ground and in the air. One of the mechanisms through which the Act achieves this is by enabling the Governor-General to make regulations that promote the safety of air navigation, including the issuance of airworthiness directives. These directives are critical for maintaining the continuing airworthiness of aircraft types and are aligned with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998, which were made under the authority of the Civil Aviation Act, empower the Civil Aviation Safety Authority (CASA) to issue such directives. These regulations ensure that CASA, as Australia's national airworthiness authority, can mandate specific requirements to maintain airworthiness, particularly when an unsafe condition is identified. In the context of the cancellation of an existing airworthiness directive for piston engine aircraft, the Act facilitates the process by which CASA assesses international directives and decides on their applicability within Australia. This ensures that Australia adheres to its obligations under the Convention on International Civil Aviation and maintains consistent safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs apply to aircraft or aeronautical products within the Australian jurisdiction, with CASA mandated to ensure their continuing airworthiness. As Australia's national airworthiness authority, CASA must respond to ADs issued by the State of Design, typically the manufacturer's country, and implement corresponding Australian ADs if necessary. This legislation covers all entities involved in the design, production, and operation of aircraft registered in Australia, ensuring that the safety standards and airworthiness requirements are met across the industry. While ADs are legally binding, specific exclusions or exemptions are not outlined in the provided text, but they would be determined on a case-by-case basis in alignment with international and domestic aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to enact regulations that ensure the safety of air navigation. One such regulation is 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical tool in maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 of the Convention on International Civil Aviation. According to 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988, CASA, as Australia’s national airworthiness authority, is obligated to assess any airworthiness information issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the requirements for continuing airworthiness. This ensures that Australian aircraft meet the safety standards set forth by international conventions. The State of Registry, which in this case is Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. These obligations reflect Australia's commitment to international safety standards and its role in enforcing them domestically.
In relation to the AD/GENERAL/62 affecting piston engine aircraft issued in 1987, CASA has assessed the directive and decided to cancel it effective 22 November 2007. This cancellation is due to the unsafe condition addressed by the AD no longer existing. No replacement AD is required as the underlying safety concern has been resolved. Importantly, this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was necessary. The Office of Best Practice Regulation has determined that ADs, including their cancellation, do not require a Regulatory Impact Statement. The cancellation of AD/GENERAL/62 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.