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/25 affecting Aerosonic Encoding Altimeters. CASA has assessed this AD and as a result has cancelled Australian AD/INST/25. 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 provide a comprehensive legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, as demonstrated in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a legislative instrument and are integral to maintaining the continuing airworthiness of aircraft in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, is tasked with assessing and issuing ADs to ensure compliance with these standards, thereby fulfilling Australia’s obligations under the Convention. The recent cancellation of Australian AD/INST/25 for Aerosonic Encoding Altimeters exemplifies the application of these provisions, reflecting the dynamic nature of aviation safety regulations and the commitment to public safety.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the safety and airworthiness of aircraft operating within Australian airspace. This legislation applies to aircraft, aeronautical products, and their operators, providing a framework to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments subject to disallowance. These directives serve as the primary means of maintaining the continuing airworthiness of aircraft, with the State of Design bearing the responsibility for providing necessary information to the State of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. The cancellation of a specific AD, such as AD/INST/25 for Aerosonic Encoding Altimeters, reflects Australia’s compliance with international obligations and occurs without public consultation or the need for a Regulatory Impact Statement. The AD was issued by CASA under the authority granted by the Act, ensuring the safety and airworthiness of aircraft in Australian airspace.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and, therefore, constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation require the State of Design to maintain overall responsibility for the continuing airworthiness of an aircraft type, ensuring that all necessary information is provided to States of Registry to maintain airworthiness standards. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by a State of Design concerning a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD. This process ensures that Australian aircraft meet international safety standards as set out by the Convention on International Civil Aviation.
In relation to the specific AD/INST/25 concerning Aerosonic Encoding Altimeters, CASA has assessed the directive and, due to the resolution of the unsafe condition identified, has decided to cancel the Australian AD/INST/25. This cancellation, which will take effect on 12 March 2009, means that no replacement AD is required. As this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation was deemed necessary, and the Office of Best Practice Regulation has determined that no Regulatory Impact Statement is required for this AD cancellation. The AD was 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.
The legislation also outlines potential consequences for non-compliance with ADs. Although the specific penalties are not detailed in the provided text, it is understood that failure to comply with an AD can result in serious safety risks, potentially leading to civil or criminal penalties. These penalties can include fines, imprisonment, or both, depending on the severity of the non-compliance and its impact on aviation safety. The exact penalties would be determined in accordance with relevant aviation safety laws and regulations.