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/M20/31 affecting Mooney M20J model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/31. 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 Parliament of Australia, provides the legislative foundation for civil aviation safety within Australia. This Act was introduced to establish a comprehensive regulatory framework for ensuring the safety and efficiency of civil aviation in the country. Section 98 of the Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures for ADs, which are critical tools for addressing safety issues and ensuring compliance with international standards as stipulated in Annex 8 of the Convention on International Civil Aviation. The policy objective behind this legislation is to align Australian civil aviation practices with international safety standards, thereby protecting public safety and maintaining the integrity of the nation's airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) which are legislative instruments used to ensure the safety and airworthiness of aircraft. Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are intended to address issues related to the continuing airworthiness of aircraft, and they must be assessed and potentially adopted by the State of Registry, which in Australia is CASA. The issuance and cancellation of ADs are subject to international obligations under the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types. This legislative process ensures that the requirements set out in ADs are effectively implemented to maintain safety standards within the Australian aviation industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) provide the legal framework for airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations to ensure the safety of air navigation. Regulation 39.001 of the CASR empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulation further defines an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument.
Under these provisions, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to maintain the airworthiness of aircraft. The State of Registry, which in Australia is CASA, must then develop or adopt requirements to ensure the continuing airworthiness of registered aircraft. When a State of Design issues an AD, CASA evaluates the information and, if necessary, issues an Australian AD to enforce the State of Design's requirements. The most recent example is the cancellation of Australian AD/M20/31 for Mooney M20J model aeroplanes, effective from 7 May 2009, due to the resolution of the unsafe condition.
CASA, acting on behalf of the Australian government, has specific obligations under these regulations. CASA must assess ADs issued by the State of Design and decide whether to issue a corresponding Australian AD. This process ensures that the safety standards mandated by the State of Design are appropriately enforced in Australia. Additionally, CASA must communicate any changes or cancellations of ADs to the relevant stakeholders to maintain transparency and ensure compliance.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to both civil and criminal penalties. Civil penalties can include fines up to the statutory maximum, while criminal penalties can involve imprisonment. These stringent measures underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australian airspace.