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.40/3 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 by the Australian Parliament, serves as a foundational piece of legislation governing civil aviation within Australia, focusing on ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These directives play a crucial role in maintaining the continuing airworthiness of aircraft, aligning with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. The Act and its associated regulations enable CASA to implement necessary safety measures and regulatory actions to safeguard public safety and meet Australia's international obligations.
In the context of the Civil Aviation Act 1988, CASA issued AD/L.40/3 affecting Meta Sokol L.40 aircraft, but has since reviewed and cancelled this directive effective 27 August 2009. This cancellation reflects Australia's adherence to international obligations under the Convention on International Civil Aviation, negating the need for public consultation. The AD cancellation was executed by the Manager, Future Technology and Regulatory Trends, in CASA's Standards Development and Future Technology Division, in accordance with the legislative framework provided by the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives are intended to ensure the safety and airworthiness of aircraft and aeronautical products, thereby protecting the public and ensuring compliance with international standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue such directives, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. Given Australia's obligations under this international convention, CASA can issue, review, and cancel ADs as necessary to maintain aviation safety standards. The cancellation of AD/L.40/3 for Meta Sokol L.40 aircraft is an example of CASA exercising this authority. The process of cancelling this directive aligns with Australia's commitment to international aviation safety protocols, and as such, it did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, pertain to the issuance of airworthiness directives (ADs) which are tools used to maintain the safety and airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The Convention on International Civil Aviation, particularly Annex 8, outlines that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's airworthiness. In this instance, CASA has exercised its authority to issue, and subsequently cancel, AD/L.40/3 which was specific to the Meta Sokol L.40 aircraft.
The obligations imposed by these provisions on the parties governed include the necessity for CASA to issue ADs to ensure the continuing airworthiness of aircraft, aligning with both national and international standards. The State of Design must provide essential information to the State of Registry to maintain airworthiness, and the State of Registry must implement measures to ensure that aircraft under its jurisdiction meet safety standards. CASA's role involves the review and potential cancellation of ADs, as evidenced by the cancellation of AD/L.40/3, which reflects the evolving nature of airworthiness requirements and international obligations.
Any breaches of the regulations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil or criminal penalties. While specific penalties are not detailed in the provided text, general aviation regulations often include fines and potential imprisonment for serious breaches. The nature and severity of penalties depend on the specific breach and the extent of non-compliance. The process for disallowing ADs under section 46A of the Acts Interpretation Act 1901 provides a formal mechanism for addressing non-compliance with legislative instruments.
The cancellation of AD/L.40/3, due to Australia's obligations under the Convention on International Civil Aviation, signifies that no public consultation was necessary as it aligns with international standards. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, simplifying the regulatory process. The AD's cancellation, effective from 27 August 2009, was executed by the Manager, Future Technology and Regulatory Trends, in accordance with subsection 84A(2) of the Act, demonstrating CASA's adherence to legislative mandates and international conventions.