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/LA-4/21 affecting Consolidated Aeronautics, Colonial LA-4 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/LA-4/21. The cancellation will become effective on 2 July 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 was enacted to ensure the safety and efficiency of civil aviation in Australia, providing a framework for regulating air navigation, aircraft, and related operations. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The cancellation of Australian AD/LA-4/21 for Consolidated Aeronautics, Colonial LA-4 series aeroplanes, announced on 2 July 2009, was conducted by CASA under its authority as the national airworthiness authority, in response to Australia’s obligations under the Convention on International Civil Aviation. This action was taken without public consultation as ADs do not require a Regulatory Impact Statement, and no replacement AD was necessary as the unsafe condition no longer existed.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby mandating safety requirements to ensure continuing airworthiness. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003. The ADs are influenced by international obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, assesses ADs issued by the State of Design and may issue corresponding Australian ADs as necessary. The cancellation of an AD, such as AD/LA-4/21 affecting Consolidated Aeronautics, Colonial LA-4 series aeroplanes, occurs when the unsafe condition it was addressing is no longer present, and no public consultation or Regulatory Impact Statement is required in such cases. This cancellation is an example of CASA fulfilling its obligations under both national and international frameworks to maintain aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that are crucial for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as defined in subregulation 39.001(5), is a legislative instrument and thus a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This means it is subject to the scrutiny and potential disallowance by Parliament, and its creation adheres to the requirements set out in the Legislative Instruments Act 2003.
Entities governed by these regulations, particularly the Civil Aviation Safety Authority (CASA), have the responsibility to issue ADs that align with the continuing airworthiness of aircraft types, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft holds the primary responsibility for the ongoing airworthiness of the aircraft type and must supply necessary information to the State of Registry to maintain these standards. The State of Registry must develop or adopt its own requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by a State of Design concerning a type of aircraft on the Australian Register, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements from the State of Design.
Failure to comply with ADs can result in significant legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose strict obligations on aircraft operators, manufacturers, and other relevant parties to adhere to ADs. Non-compliance can lead to severe penalties, including fines and imprisonment, as outlined in the relevant sections of these Acts. CASA has the authority to enforce these regulations, and any breaches can be subject to investigation and prosecution, highlighting the critical importance of adhering to the stipulated ADs.
In the specific case of AD/LA-4/21 concerning Consolidated Aeronautics, Colonial LA-4 series aeroplanes, CASA has assessed the directive and determined that the unsafe condition addressed by the AD no longer exists. Consequently, CASA has cancelled this AD, effective from 2 July 2009, without the need for a replacement AD. This cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and as such, no consultation with the Australian public was required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for issuing and cancelling such directives.