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/M20/28 affecting Mooney M20J model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/28. 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, 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, enacted by the Parliament of Australia, addresses the regulation of civil aviation to ensure safety in air navigation. This Act empowers the Governor-General to make regulations for the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were established, which in turn provide the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining aircraft safety.
As Australia’s national airworthiness authority, CASA must respond to airworthiness directives issued by the State of Design by assessing the information and, if necessary, issuing corresponding Australian ADs. In a specific instance, CASA issued and subsequently cancelled Australian AD/M20/28 concerning Mooney M20J model aeroplanes, effective 7 May 2009, due to the resolution of the unsafe condition identified. This action aligns with Australia's obligations under the Convention on International Civil Aviation, and consequently, no public consultation was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are issued to ensure the continuing airworthiness of aircraft in Australia and are subject to disallowance under section 46A of the Acts Interpretation Act 1901, making them legislative instruments. The State of Design of an aircraft type bears the primary responsibility for its continuing airworthiness, while the State of Registry, in this case CASA, must ensure that any ADs issued by the State of Design are assessed and implemented appropriately. This process ensures compliance with international standards under Annex 8 to the Convention on International Civil Aviation. In the specific instance of AD/M20/28 concerning Mooney M20J model aeroplanes, CASA assessed the AD, determined that the unsafe condition no longer existed, and subsequently cancelled the Australian AD, effective from 7 May 2009, without the need for a replacement directive or public consultation.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) outline the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, are essential tools for maintaining the safety of aircraft and aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 states that ADs are disallowable instruments under the Acts Interpretation Act 1901. The primary role of ADs is to ensure the continuing airworthiness of aircraft types, as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to the State of Registry, which must then ensure the aircraft's airworthiness. In Australia, CASA is the national airworthiness authority responsible for assessing international ADs and issuing Australian ADs where necessary.
Under the Civil Aviation Safety Regulations 1998, CASA has a duty to assess and respond to ADs issued by the State of Design. This involves evaluating the safety implications of the AD and determining whether an Australian AD is required. In the case of the Mooney M20J model aeroplanes, CASA issued AD/M20/28, which has since been cancelled due to the resolution of the unsafe condition. The cancellation of AD/M20/28 is in line with Australia's obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, as they are considered to have minimal impact on the public.
The obligations imposed on parties governed by the Civil Aviation Safety Regulations 1998 include compliance with ADs issued by CASA. Operators of affected aircraft must adhere to the requirements outlined in these directives to ensure the continuing airworthiness of their aircraft. Failure to comply with ADs can result in serious safety risks, and CASA has the authority to enforce compliance through various regulatory mechanisms. The State of Registry, in this case, CASA, must ensure that all necessary information is disseminated to relevant stakeholders and that the safety standards are upheld.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish penalties for non-compliance with ADs. Breaches of ADs can result in both civil and criminal consequences. Civil penalties may include fines, with the maximum penalty varying based on the severity of the breach. In some cases, criminal penalties may apply, leading to imprisonment. The specific penalties are detailed in relevant sections of the Civil Aviation Act 1988 and are enforced by CASA to ensure the safety and compliance of the aviation industry in Australia.