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/79 amendment 1 affecting piston engine aircraft in 2000. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/79 amendment 1. The cancellation will become effective on 25 October 2007. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled thereby reducing the regulatory load on Australian operators no consultation with the Australian public has taken place. 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 regulate civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further delineate the processes for issuing ADs, which serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft. These directives are aligned with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and the State of Registry for ensuring an aircraft's airworthiness. The 2007 amendment cancelling AD/GENERAL/79 amendment 1, which affected piston engine aircraft, was made by CASA under the authority granted by the Act, reflecting a commitment to safety and efficiency in Australian civil aviation.
Scope and Application
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 directives, which are legislative instruments under the Legislative Instruments Act 2003, serve to mandate safety measures and ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Act 1988 provides the overarching legislative framework, enabling the Governor-General to make regulations that support the safety of air navigation. The State of Design, typically the country where the aircraft is designed, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in this context is Australia. CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The AD in question, AD/GENERAL/79 amendment 1, which affected piston engine aircraft, has been cancelled by CASA due to the resolution of the unsafe condition it addressed, thus reducing regulatory requirements for Australian operators without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended, authorises the Governor-General to create regulations for the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is further clarified by subregulation 39.001(5), which designates ADs as disallowable instruments under the Acts Interpretation Act 1901, and as legislative instruments under section 6 of the Legislative Instruments Act 2003.
In line with international standards, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, and must supply necessary information to ensure the aircraft's airworthiness to relevant States of Registry (Annex 8, Convention on International Civil Aviation). The State of Registry, on the other hand, is responsible for ensuring the airworthiness of individual aircraft. When the State of Design issues an AD for an aircraft type registered in Australia, CASA, as the national airworthiness authority, is obligated to assess this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. This ensures that Australian aircraft meet international safety standards.
The Civil Aviation Safety Authority issued AD/GENERAL/79 amendment 1 in 2000, affecting piston engine aircraft. Following an assessment, CASA has decided to cancel this AD, as the unsafe condition it was addressing no longer exists. The cancellation will take effect on 25 October 2007, and no replacement AD is necessary. This cancellation reduces the regulatory burden on Australian operators. Given the cancellation, there was no requirement for consultation with the Australian public. Moreover, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD was 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 Civil Aviation Act 1988. This process ensures that the authority to issue and cancel ADs is exercised within the legal framework and under the oversight of the relevant branch of CASA.