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/M20/13 affecting Mooney M20C, E, F and G model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/13. The cancellation will become effective on 7 May 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, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs the regulation of civil aviation in Australia. This Act, along with the Civil Aviation Safety Regulations 1998, facilitates the oversight of airworthiness and safety standards in the industry. Under the Act, the Civil Aviation Safety Authority (CASA) is tasked with issuing airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products in Australia. The ADs serve as a critical mechanism to mandate safety requirements in line with international standards set forth by the Convention on International Civil Aviation. This legislative framework addresses the need to maintain high safety standards in civil aviation by ensuring that aircraft meet specific airworthiness criteria, thereby protecting the public and contributing to the safety of air navigation. The policy objective of this Act is to safeguard the safety of air navigation through stringent regulatory measures, as evidenced by the issuance and cancellation of ADs based on evolving safety assessments and international obligations.
Scope and Application
The Civil Aviation Act 1988 applies to aviation activities within Australian jurisdiction, with specific regulations under the Civil Aviation Safety Regulations 1998 governing the issuance of airworthiness directives (ADs). These regulations are made under section 98 of the Act to ensure the safety of air navigation. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, serve to maintain the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for implementing and enforcing ADs to ensure compliance with safety standards. The application of these regulations is both national and international, reflecting Australia's obligations under the Convention on International Civil Aviation. The scope of these regulations extends to all aircraft registered in Australia, encompassing a wide range of entities including aircraft manufacturers, operators, and maintenance providers.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. This is further implemented by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus it is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. ADs are crucial for ensuring the ongoing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry, which then must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction.
The obligations imposed by this Act and the Regulations are multi-faceted. The State of Design must ensure the continuing airworthiness of an aircraft type, providing any necessary information to States of Registry. These States of Registry, such as Australia through CASA, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. When an AD is issued by a State of Design against a type of aircraft registered in Australia, CASA must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that any safety concerns identified by the State of Design are addressed in a manner that aligns with Australia's obligations under international conventions.
Breaches of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, the issuance and enforcement of ADs are critical to maintaining the safety standards required by the Act. Failure to comply with ADs could result in severe penalties, potentially including fines or imprisonment, as the overarching aim is to ensure the safety of air navigation and the public. The text does not specify the exact penalties but implies that non-compliance could lead to serious repercussions under the legislative framework established by the Act.