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.40/7 Amdt 1 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, addresses various issues concerning civil aviation, including the safety of air navigation. It empowers the Governor-General to create regulations that promote air safety, as demonstrated in the case of airworthiness directives. The Civil Aviation Safety Regulations 1998 further delineate the responsibilities of the Civil Aviation Safety Authority (CASA) in issuing airworthiness directives to maintain the safety standards of aircraft and aeronautical products. This regulatory framework aligns with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia's aviation safety practices are consistent with global protocols. The legislation was designed to ensure that both the State of Design and the State of Registry uphold their responsibilities in maintaining the airworthiness of aircraft, with CASA playing a pivotal role in the enforcement and oversight of these standards.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The scope of the regulations applies to all aircraft and aeronautical products within Australia, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. While the Act and its regulations cover all aircraft operating within Australia, specific directives such as the cancellation of AD/L.40/7 Amdt 1 for the Meta Sokol L.40 aircraft, are made in adherence to international obligations and thus do not require public consultation or a Regulatory Impact Statement. The authority to issue such directives is vested in CASA, with specific actions taken by designated managers within CASA as per the legislative framework.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation safety in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act and to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are made under section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure the aircraft's airworthiness. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of an individual aircraft and must develop or adopt requirements to ensure the same. The AD issued by CASA affects the Meta Sokol L.40 aircraft, and CASA has reviewed and subsequently cancelled this AD, which will become effective on 27 August 2009. No replacement AD is required as a result of this cancellation.
Obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide information necessary for the continuing airworthiness of aircraft types and the responsibility of the State of Registry to ensure the airworthiness of individual aircraft. CASA, as the State of Registry, must issue ADs when necessary to ensure the airworthiness of aircraft in Australia. The cancellation of an AD must be in accordance with Australia's obligations under the Convention on International Civil Aviation, and consultation with the Australian public is not required for ADs. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil or criminal consequences, depending on the severity of the breach. The maximum penalties for breaches of these regulations may vary, and the specific consequences will depend on the nature of the offence. It is essential for all parties governed by these regulations to comply with their obligations and requirements to ensure the safety of air navigation and the airworthiness of aircraft in Australia.