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/MCH/3 affecting Aero Resources J2 series gyroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/MCH/3. The cancellation will become effective on
27 August 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation and to regulate civil aviation within Australia. To further elaborate on the legislative framework, the Civil Aviation Safety Regulations 1998 were established under section 98 of the Act, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments, as per the Legislative Instruments Act 2003. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is accountable for the individual aircraft's airworthiness. In this context, CASA, as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements of the State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority responsible for ensuring the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, serve as a means of ensuring the continuing airworthiness of aircraft and aeronautical products, in accordance with international obligations under the Convention on International Civil Aviation. The ADs are issued by the State of Design and are adopted or developed by the State of Registry, with CASA playing a crucial role in assessing and enforcing these directives for aircraft on the Australian Register. In the case of AD/MCH/3 affecting Aero Resources J2 series gyroplanes, CASA has cancelled this AD due to the resolution of the unsafe condition, and no replacement AD is required. The cancellation process did not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given the specific international obligations and the nature of ADs.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The issuing of ADs is integral to ensuring the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain this airworthiness. Conversely, the State of Registry is responsible for the continuing airworthiness of individual aircraft, necessitating the development or adoption of relevant requirements. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements specified by the State of Design.
CASA has assessed and subsequently cancelled Australian AD/MCH/3, which affects Aero Resources J2 series gyroplanes. This cancellation, effective from 27 August 2009, is due to the unsafe condition no longer existing, thus rendering a replacement AD unnecessary. This action aligns with Australia’s obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public, as determined by the Office of Best Practice Regulation, which also concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was executed by the Manager of Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This legal framework ensures that CASA, as Australia’s national airworthiness authority, can respond promptly and effectively to safety concerns related to aircraft airworthiness.