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-4/5 affecting Consolidated Aeronautics, Colonial LA-4 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/LA-4/5. 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 of air navigation and establish the regulatory framework for civil aviation in Australia. This legislation empowers the Governor-General to create regulations that serve the interests of aviation safety, and under these provisions, the Civil Aviation Safety Regulations 1998 were established. One of the critical mechanisms for maintaining aircraft airworthiness is the issuance of airworthiness directives (ADs), which are detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that are subject to disallowance, as stipulated in section 46A of the Acts Interpretation Act 1901. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type and must supply necessary information to the States of Registry to ensure continued airworthiness. CASA, as Australia's national airworthiness authority, is tasked with assessing this information and, when necessary, issuing Australian ADs to enforce the requirements of the State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to any person or entity involved in the aviation industry within Australia, including aircraft operators, manufacturers, and maintenance organisations. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. An AD is a legislative instrument, which can be disallowed by Parliament and is subject to review under the Legislative Instruments Act 2003. The ADs are intended to address continuing airworthiness concerns for aircraft types registered in Australia and are based on international standards set by the International Civil Aviation Organization (ICAO). When an AD is issued by the State of Design, CASA must review and, if necessary, issue an Australian AD to enforce the requirements. The issuance, assessment, and cancellation of ADs are conducted in accordance with the Act and relevant regulations, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations that ensure the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 (section 6) and are disallowable as per the Acts Interpretation Act 1901 (section 46A). The primary purpose of these ADs is to ensure the continuing airworthiness of aircraft types, in accordance with Annex 8 of the Convention on International Civil Aviation.
Under this legislation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to maintain airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
There are no specific obligations or requirements imposed on the parties or entities governed by this legislation, as it primarily focuses on the process and authority for issuing ADs and ensuring the continuing airworthiness of aircraft. However, CASA must comply with its obligations under the Convention on International Civil Aviation when issuing or cancelling ADs. For example, CASA cancelled Australian AD/LA-4/5 affecting Consolidated Aeronautics, Colonial LA-4 series aeroplanes, due to Australia’s obligations under the Convention. This decision was made without public consultation and did not require a Regulatory Impact Statement.
In terms of offences, penalties, or civil/criminal consequences for breach, the legislation does not explicitly state any specific penalties for non-compliance with ADs. However, failure to comply with ADs may result in safety risks, leading to potential enforcement actions by CASA or other regulatory authorities. The consequences of non-compliance could include aircraft being grounded, fines, or other enforcement actions as deemed necessary to ensure compliance with airworthiness standards.