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 or its predecessors issued AD/INST/14 affecting Smiths Industries Ltd SEP 6 automatic pilot pitch computers. CASA has assessed this AD and as a result has cancelled Australian AD/INST/14. The cancellation will become effective on 12 March 2009. 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, Systems and New Technologies, in the Airworthiness Engineering Group, 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, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, focusing on the overarching goal of maintaining air navigation safety. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure ongoing airworthiness, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Act and its regulations facilitate Australia's compliance with international aviation safety standards and the continuing airworthiness of aircraft registered in Australia.
The cancellation of Australian AD/INST/14 affecting Smiths Industries Ltd SEP 6 automatic pilot pitch computers was executed by CASA, reflecting Australia's adherence to international obligations and the resolution of the associated safety concerns. This action was taken without public consultation as mandated by the Convention on International Civil Aviation, and no Regulatory Impact Statement was required, as determined by the Office of Best Practice Regulation. The Manager, Systems and New Technologies, in the Airworthiness Engineering Group, issued the directive on behalf of CASA, ensuring the safety and compliance of Australian civil aviation operations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering CASA to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and serve as a critical mechanism for ensuring the continuing airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO). The ADs issued by CASA are binding on the State of Registry of an aircraft, mandating compliance with specific safety requirements. For instance, CASA issued and subsequently cancelled Australian AD/INST/14 concerning Smiths Industries Ltd SEP 6 automatic pilot pitch computers, reflecting Australia's commitment to international obligations under the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. The AD cancellation process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 require the Governor-General to make regulations for the safety of air navigation, with specific emphasis on issuing airworthiness directives (ADs) for aircraft types or aeronautical products (sections 98, 39.001). These ADs are legislative instruments that hold legal weight and are issued to ensure the continuing airworthiness of aircraft, in alignment with Annex 8 of the Convention on International Civil Aviation. Under regulation 39.001(5), ADs are considered disallowable instruments, which means they can be subject to review and cancellation if they no longer meet the necessary safety standards. The State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the individual aircraft's continuing airworthiness.
The Act and accompanying regulations impose several obligations on the parties involved. The State of Design must provide any necessary information to ensure the airworthiness of aircraft types and must issue ADs as required. The State of Registry must adopt or develop requirements to maintain the airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing the ADs issued by the State of Design and determining if an Australian AD is necessary. This involves reviewing the safety implications and ensuring that the ADs align with international standards and practices. The cancellation of an AD, such as AD/INST/14, is also an obligation of CASA when the unsafe condition no longer exists.
There are significant consequences for breaches of the provisions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with ADs can result in severe civil and criminal penalties, including fines and imprisonment, as ADs are legally binding instruments designed to maintain safety standards. While the specific penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives can have serious ramifications, both for individuals and organisations involved in aviation activities. The authority to issue and cancel ADs is exercised carefully to ensure that safety standards are upheld, and any failure to adhere to these regulations can lead to enforcement actions by CASA or other regulatory bodies.