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/35 affecting Collins APP-80/80A Autopilot Panels. CASA has assessed this AD and as a result has cancelled Australian AD/INST/35. 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, enacted by the Australian Parliament, establishes the framework for the regulation of civil aviation within Australia, with a focus on ensuring safety and the maintenance of airworthiness standards. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These ADs are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under international conventions such as the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 specifically allow CASA to issue ADs in response to identified safety issues, and these directives are designed to address any unsafe conditions that may compromise the integrity and safety of aircraft operations. The process of issuing and cancelling ADs is integral to maintaining the safety standards in Australia's civil aviation sector.
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 specified types of aircraft or aeronautical products. This legislation applies to entities and individuals involved in the operation, maintenance, and manufacture of aircraft within Australia, encompassing both the State of Design and the State of Registry responsibilities as outlined in Annex 8 of the Convention on International Civil Aviation. The ADs serve as crucial instruments for ensuring the continuing airworthiness of aircraft, with CASA mandated to evaluate the information provided by the State of Design and, if necessary, issue corresponding Australian ADs. Notably, ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance as per the Acts Interpretation Act 1901. The cancellation of an AD, such as AD/INST/35 concerning Collins APP-80/80A Autopilot Panels, is executed without public consultation and does not require a Regulatory Impact Statement, reflecting Australia’s adherence to international obligations and the specific procedural mandates of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations for the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. An AD is a critical tool for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 of the Convention on International Civil Aviation. Under this international framework, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction.
In compliance with these international obligations, when the State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For example, CASA has assessed and subsequently cancelled Australian AD/INST/35, which affected Collins APP-80/80A Autopilot Panels. This cancellation, which will become effective on 12 March 2009, reflects that the unsafe condition addressed by the AD no longer exists, and no replacement AD is required. Given the cancellation aligns with Australia's international obligations, there has been no consultation with the Australian public, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. 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 obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of CASA to assess any ADs issued by the State of Design and, if appropriate, to issue corresponding Australian ADs. This ensures that the safety standards are uniformly enforced across the Australian fleet. The State of Registry must also ensure the continuing airworthiness of individual aircraft, which involves adhering to the ADs issued by the State of Design. Additionally, the State of Design is responsible for providing necessary information to the States of Registry to support the maintenance of airworthiness. These obligations are critical for ensuring that all aircraft operate within safe parameters and that any safety concerns are promptly addressed.
Failure to comply with airworthiness directives can lead to significant consequences. Under section 46A of the Acts Interpretation Act 1901, any AD is subject to disallowance, which means that if it is found to be unlawful or inconsistent with the Act, it can be annulled. Moreover, any breaches of the Civil Aviation Safety Regulations 1998, including failure to comply with ADs, can result in both civil and criminal penalties. For instance, section 90 of the Civil Aviation Act 1988 imposes civil penalties for breaches, which can include substantial fines. Additionally, serious breaches can lead to criminal charges, with potential penalties such as imprisonment, reflecting the gravity of compromising aviation safety.