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/M20/45 affecting Mooney M20J and M20K model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/M20/45. 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, is the foundational piece of legislation governing civil aviation in Australia. This Act provides the framework for ensuring the safety and efficiency of air navigation, including the issuance of airworthiness directives (ADs) to maintain the airworthiness of aircraft. The Act was introduced to address the need for a comprehensive legal structure to govern civil aviation operations, safety regulations, and the oversight of aircraft and aeronautical products within Australian airspace. The Civil Aviation Safety Regulations 1998 further detail the implementation of these safety standards, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types and aeronautical products, thereby fulfilling the policy objective of ensuring the safety of air navigation as mandated by the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These ADs, which are legislative instruments, serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, issues such directives, and the State of Registry must ensure these are implemented for individual aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing and issuing Australian ADs where necessary, ensuring compliance with international standards. The issuance, assessment, and cancellation of ADs, including Australian AD/M20/45 for Mooney M20J and M20K model aeroplanes, are conducted under these regulations without public consultation or the need for a Regulatory Impact Statement, reflecting their technical nature and alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework within which airworthiness directives (ADs) are issued and managed. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. This regulation also stipulates that ADs are disallowable instruments under the Acts Interpretation Act 1901, and thus are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions include ensuring that the State of Design maintains responsibility for the continuing airworthiness of an aircraft type, providing necessary information to the State of Registry to maintain airworthiness. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For example, when an AD is issued by a State of Design for a type of aircraft registered in Australia, CASA must assess the AD and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This ensures a coordinated approach to air safety across different jurisdictions.
Breaching the requirements of an AD can have serious consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an applicable AD can be an offence, leading to potential criminal penalties. The Civil Aviation Safety Regulations 1998 also provide for administrative penalties for non-compliance, including fines. The exact penalties can vary depending on the severity of the non-compliance and the specific regulations violated. CASA has the authority to enforce these regulations and can take action against individuals or entities that fail to comply with ADs, ensuring that air safety standards are upheld.