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/M20/36 affecting Mooney M20B, C, D, E, F and G model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/36. 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, aims to provide for the safety of civil aviation and the efficient use of airspace. This Act allows the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments that ensure the continuing airworthiness of aircraft and aeronautical products, aligning with the Convention on International Civil Aviation. The State of Design is responsible for issuing ADs, while the State of Registry, in this case CASA, must assess and potentially mandate these directives for aircraft on the Australian Register. The Civil Aviation Safety Regulations 1998 mandate that ADs are disallowable instruments under the Acts Interpretation Act 1901. In the instance of AD/M20/36, CASA assessed and subsequently cancelled the directive due to the unsafe condition no longer existing, with no requirement for a replacement AD.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and regulation through the Legislative Instruments Act 2003. The issuing of ADs is a crucial mechanism under Annex 8 to the Convention on International Civil Aviation, with the State of Design having overarching responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure the individual aircraft's airworthiness. In Australia, CASA acts as the national airworthiness authority, obligated to assess international ADs and issue corresponding Australian directives as necessary. This regulatory framework ensures that all stakeholders, including aircraft manufacturers, operators, and maintenance providers, comply with safety standards designed to mitigate risks associated with aircraft operations.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to enact regulations that ensure the safety of air navigation. Within this framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, detailed in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments under the Legislative Instruments Act 2003.
These airworthiness directives serve as a crucial mechanism for maintaining the airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. Consequently, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
CASA has exercised its authority by issuing AD/M20/36, which pertains to Mooney M20B, C, D, E, F, and G model aeroplanes. After thorough assessment, CASA has cancelled Australian AD/M20/36, effective 7 May 2009. This cancellation is a result of the unsafe condition no longer existing, and no replacement AD is required. The cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, thereby obviating the need for public consultation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The Manager, Airframe and Structures, in the Airworthiness Engineering Group, issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process underscores CASA's commitment to ensuring the safety and airworthiness of aircraft operating within Australia.