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.40/4 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, Initial Airworthiness in the Airworthiness and Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, governs the safety and regulation of civil aviation in the country. It provides the framework for the Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives (ADs), to ensure the safety of air navigation. In 2009, under the authority granted by section 98 of the Civil Aviation Act 1988, CASA issued an AD for the Meta Sokol L.40 aircraft, which was subsequently reviewed and cancelled in compliance with Australia's obligations under the Convention on International Civil Aviation. This cancellation was made pursuant to subsection 84A(2) of the Act by the Manager, Initial Airworthiness in the Airworthiness and Engineering Group, on behalf of CASA. The cancellation became effective on 27 August 2009, and no replacement AD was required. Given the nature of ADs as continuing airworthiness information, no public consultation or Regulatory Impact Statement was deemed necessary in this instance.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products. These directives are instrumental in ensuring the ongoing safety and airworthiness of aircraft, aligning with both Australian regulatory standards and international obligations under the Convention on International Civil Aviation. ADs are legislative instruments subject to disallowance as per the Acts Interpretation Act 1901, and they are typically issued by States of Design and Registry to maintain and communicate safety standards globally. The State of Registry holds the primary responsibility for the individual aircraft's airworthiness, while the State of Design ensures that necessary information for maintaining airworthiness is disseminated. In the specific case of AD/L.40/4, affecting Meta Sokol L.40 aircraft, CASA has determined the directive to be obsolete due to international obligations, leading to its cancellation effective 27 August 2009, without the need for public consultation or a Regulatory Impact Statement. This action was undertaken by the Manager, Initial Airworthiness in CASA's Airworthiness and Engineering Group, pursuant to the authority provided by the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 involve the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations permits CASA to issue ADs for kinds of aircraft or aeronautical products (sections 98 and 39.001). These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)).
The obligations imposed by these provisions on parties and entities are significant. The State of Design, which refers to the country where the aircraft is designed, has the overarching responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure airworthiness to the State of Registry, which is the country where the aircraft is registered (Annex 8). The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For Australia, CASA, acting under its mandate, issued AD/L.40/4 affecting Meta Sokol L.40 aircraft but subsequently cancelled it, reflecting the dynamic nature of ensuring air safety and compliance with international obligations.
The consequences of breaching these regulations are substantial. The Civil Aviation Act 1988 and associated regulations impose strict requirements for airworthiness, and failure to comply with ADs could lead to serious safety risks. Although the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, it is evident that non-compliance with ADs could result in significant regulatory and legal repercussions. The authority to issue, review, and cancel ADs underscores the critical importance of adhering to these safety directives to maintain the integrity and safety of aviation operations.