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/M20/20 Amendment 1 affecting Mooney M20C, D, E, F and G model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/20 Amendment 1. 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 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations in the interest of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are critical in maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 thus facilitate the implementation of necessary safety measures by mandating CASA to assess and, if required, issue Australian airworthiness directives based on directives from the State of Design. The policy objective behind these regulations is to uphold the highest standards of aviation safety, ensuring that all aircraft in Australia comply with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the regulatory framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. These ADs apply to specific types of aircraft or aeronautical products registered in Australia, mandating compliance with certain safety requirements as determined by CASA. The scope of these ADs includes both the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which is responsible for the individual aircraft's airworthiness. ADs are essential for maintaining safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The issuance and cancellation of these directives are governed by international standards, and CASA's actions are aligned with Australia’s obligations under the Convention. Notably, ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The cancellation of an AD, such as the one affecting the Mooney M20C, D, E, F, and G model aeroplanes, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate, particularly in relation to the issue of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interests of the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003.
Obligations under these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of aircraft types, which necessitates the provision of necessary information to States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, must then develop or adopt requirements to maintain the airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with ADs may result in significant consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines and imprisonment. The maximum penalty for individuals can be up to $210,000 or imprisonment for up to five years, or both, as specified in section 28 of the Act. Companies face even steeper fines, potentially reaching up to $1,050,000. These provisions underscore the importance of adhering to ADs to maintain aviation safety and ensure compliance with regulatory standards.