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/6 affecting Aero Resourses J2 series gyroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/MCH/6. 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is the foundational piece of legislation governing civil aviation in Australia. This Act was introduced to establish a comprehensive framework for ensuring the safety and efficiency of civil aviation. In line with this, the Civil Aviation Safety Regulations 1998 were also enacted to provide further detail on operational safety standards. One of the key mechanisms within these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under the authority granted by section 98 of the Act, CASA can issue these directives to mandate safety measures for aircraft types or aeronautical products. The objective of these directives is to address identified safety issues and ensure the continuing airworthiness of aircraft, thereby aligning with international standards and obligations under the Convention on International Civil Aviation. The ADs serve as a critical tool for CASA to enforce safety requirements, particularly when there is a need to respond to unsafe conditions identified by the State of Design or other contracting states.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of aircraft. These directives apply to specific types of aircraft or aeronautical products as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is considered a legislative instrument, as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. This regulatory approach aligns with the international standards set forth by Annex 8 to the Convention on International Civil Aviation, under which the State of Design has the responsibility for ensuring the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must enforce and implement these standards within its jurisdiction. This legislation applies to all aircraft registered in Australia, and CASA, as the national airworthiness authority, must act on airworthiness directives issued by the aircraft's State of Design, ensuring compliance with international safety standards.
Key Provisions
The main operative sections of this piece of legislation involve the issuance and cancellation of airworthiness directives (ADs) for aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the power to issue ADs for certain aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments. The obligation on the State of Design to provide information to ensure the continuing airworthiness of an aircraft type is reinforced by Annex 8 to the Convention on International Civil Aviation, while the State of Registry must develop or adopt requirements for continuing airworthiness in accordance with the same Annex.
The obligations and requirements imposed by the Act include a responsibility on the State of Design to provide necessary information to maintain airworthiness, which CASA must assess and potentially mandate through an Australian AD. The State of Registry must ensure the continuing airworthiness of aircraft within their jurisdiction, developing or adopting appropriate requirements. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and issuing Australian ADs if necessary to comply with international standards and ensure safety.
There are no specific offences or penalties outlined in this piece of legislation regarding the issuance or cancellation of ADs. However, failure to comply with the requirements of an AD could potentially lead to civil or criminal consequences under other sections of the Civil Aviation Act 1988 or related regulations. The maximum penalties for breaches of aviation safety regulations can vary widely depending on the nature and severity of the offence but can include fines and imprisonment.
In summary, this legislation focuses on the regulatory framework for issuing and cancelling airworthiness directives to ensure the safety and continuing airworthiness of aircraft in Australia, aligning with international standards and obligations under the Convention on International Civil Aviation.