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/M20/37 affecting Mooney M20K model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/37. 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 to govern the safety and efficiency of civil aviation in Australia, empowers the Governor-General to issue regulations for air navigation safety. Under section 98 of this Act, the Civil Aviation Safety Regulations 1998 were established, which, through regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. This mechanism is integral to ensuring the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, where the State of Design retains overall responsibility for the airworthiness of aircraft types. CASA, acting as Australia's national airworthiness authority, is mandated to issue corresponding Australian ADs when necessary, as was the case with AD/M20/37 concerning Mooney M20K model aeroplanes, which has now been cancelled due to the resolution of the unsafe condition identified. This cancellation process reflects Australia's commitment to international civil aviation standards without necessitating public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 applies to individuals, entities, and aircraft that are subject to the regulations governing civil aviation in Australia. This Act authorises the Governor-General to make regulations aimed at ensuring the safety of air navigation, thereby impacting the aviation industry significantly. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type, while the State of Registry, such as Australia in the case of the Mooney M20K model aeroplanes, must implement and enforce the necessary requirements. The cancellation of AD/M20/37 by CASA demonstrates the regulatory body's adherence to international obligations and its commitment to aviation safety within Australia.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as mentioned in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments according to section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation stipulates that the State of Design, which is responsible for the aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
In accordance with these regulations, CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing Australian ADs to enforce the State of Design’s requirements. This was exemplified in the case of AD/M20/37, which affected Mooney M20K model aeroplanes. CASA evaluated this AD and subsequently cancelled Australian AD/M20/37, effective from 7 May 2009, as the unsafe condition no longer existed, thus negating the need for a replacement AD.
The obligations imposed on parties under this Act include the requirement for CASA to assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. Furthermore, States of Registry are obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft on their registers. These obligations are grounded in international standards set by the Convention on International Civil Aviation, which mandates that States of Design provide necessary information to States of Registry and that States of Registry implement measures to ensure airworthiness.
For breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, various civil and criminal penalties may apply. These penalties are outlined in other sections of the Act and are enforced by CASA. The specific penalties for non-compliance with ADs can include substantial fines, imprisonment, or both, depending on the severity and nature of the breach. It is important to note that the cancellation of AD/M20/37 was made in accordance with subsection 84A(2) of the Act, and no public consultation was required due to Australia’s obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.