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/80 amendment 2 affecting piston engine aircraft in 2000. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/80 amendment 2. 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 provide a legal framework for civil aviation in Australia, including the regulation of aircraft safety and air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of aviation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The policy objective behind these provisions is to ensure that the continuing airworthiness of aircraft and aeronautical products is maintained in accordance with international standards, specifically under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing and implementing ADs issued by the State of Design, ensuring that Australian operators comply with necessary safety measures.
Scope and Application
The Civil Aviation Act 1988 applies to aviation safety regulations in Australia and is overseen by the Civil Aviation Safety Authority (CASA). This Act empowers the Governor-General to create regulations that ensure the safety of air navigation, with CASA being tasked under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are a crucial component of maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. ADs are typically issued by the State of Design, and in Australia, CASA, as the national airworthiness authority, must assess these directives and, if necessary, issue corresponding Australian ADs to enforce the requirements. The AD/GENERAL/80 amendment 2, affecting piston engine aircraft, was issued in 2000 and subsequently cancelled by CASA on 25 October 2007 due to the resolution of the unsafe condition, thereby eliminating the need for a replacement AD or further regulatory impact assessments.
Key Provisions
The primary operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, empower the Governor-General to make regulations to ensure air navigation safety. Regulation 39.001(5) further clarifies that an airworthiness directive (AD) is a disallowable instrument, hence a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that ADs are formal regulatory instruments with legal weight, issued under the authority of these Acts to maintain the safety standards of aircraft.
The obligations imposed by these provisions include the requirement for the State of Design, typically the country where the aircraft was designed, to provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of individual aircraft by developing or adopting requisite requirements. In the case of Australia, the Civil Aviation Safety Authority (CASA) must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the safety requirements.
Failure to comply with these obligations or with the ADs themselves can lead to significant consequences. Under the Civil Aviation Act 1988, violations of ADs may result in civil or criminal penalties. For instance, under section 313, a person who contravenes a direction given under the Act, including an AD, is liable for a fine. The maximum penalties can vary significantly depending on the nature of the breach, but in serious cases, fines can reach up to $22,200 for individuals and $111,000 for bodies corporate, as outlined under the relevant sections of the Act. Additionally, CASA may take enforcement actions such as grounding non-compliant aircraft or imposing further regulatory sanctions.