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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/L.40/10 affecting Meta Sokol L.40 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 27 August 2009. No replacement AD is required.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation within Australia, provides the framework for ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 further detailing the implementation of these provisions. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, are crucial for maintaining the continuing airworthiness of aircraft in accordance with international standards, particularly those set by the Convention on International Civil Aviation. The State of Design is tasked with ensuring the airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's ongoing airworthiness. In this context, CASA has cancelled AD/L.40/10 affecting Meta Sokol L.40 aircraft, a decision made in line with Australia's international obligations, without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments under the Legislative Instruments Act 2003 and are a critical component of maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, and the State of Registry, which ensures the airworthiness of individual aircraft, play integral roles in this regulatory framework. CASA, acting within its authority under the Civil Aviation Act 1988, issued an AD for the Meta Sokol L.40 aircraft but subsequently cancelled it on 27 August 2009 due to Australia's international obligations. Given that this cancellation aligns with international standards and obligations, no public consultation or Regulatory Impact Statement was required. The AD cancellation was made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a regulatory framework for the issuance of airworthiness directives (ADs) under section 98 (subsection 39.001(5)). These ADs are legislative instruments that govern the continuing airworthiness of aircraft and aeronautical products, aligning with Annex 8 of the Convention on International Civil Aviation. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products. Additionally, these ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require the State of Design to ensure the continuing airworthiness of an aircraft type, providing necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft, consistent with Annex 8. CASA, as the regulatory authority, has the responsibility to issue and, when necessary, cancel ADs to align with international obligations and safety standards. The cancellation of AD/L.40/10 for Meta Sokol L.40 aircraft, effective from 27 August 2009, demonstrates CASA’s adherence to these obligations and the international convention.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various legal consequences. Offences under these Acts may lead to penalties, including fines and imprisonment. For instance, non-compliance with ADs can be considered a breach of safety regulations, potentially leading to civil penalties. Additionally, criminal charges may be brought against individuals or entities that wilfully contravene the regulations, with maximum penalties varying based on the severity of the breach. The specific penalties are not detailed in the provided text, but they are likely to align with the regulatory framework established by the Civil Aviation Act 1988 and related legislation.