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/8 affecting Aero Resourses J2 series gyroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/MCH/8. 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a strong focus on ensuring the safety of air navigation. This Act allows the Governor-General to make regulations that support the Act's objectives, including the issuance of airworthiness directives (ADs) to maintain aircraft safety standards. The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs, with the Civil Aviation Safety Authority (CASA) being the authority responsible for such directives. As Australia is a signatory to the Convention on International Civil Aviation, the Act and its regulations also address international obligations regarding the continuing airworthiness of aircraft, ensuring that Australian regulations align with global standards. The legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provides a robust mechanism for managing airworthiness directives, ensuring the safety and compliance of aircraft registered in Australia with international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, ensuring the safety of air navigation as mandated by section 98 of the Act. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, apply to specific kinds of aircraft or aeronautical products. They are issued by CASA, Australia’s national airworthiness authority, and are a crucial means of continuing airworthiness information. The ADs are often issued by the State of Design in accordance with Annex 8 to the Convention on International Civil Aviation and must be assessed and potentially adapted by the State of Registry, such as CASA for Australian-registered aircraft. In the case of the Aero Resourses J2 series gyroplanes, CASA issued and subsequently cancelled AD/MCH/8 due to the resolution of the unsafe condition, with no replacement AD required. This cancellation is in line with Australia’s international obligations and was made without public consultation as per the determination of the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. It is important to note that an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and thus it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and the Regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the appropriate States of Registry. This is in line with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
There are no direct offences or penalties specified in the text for the breach of the ADs, as the focus is on ensuring airworthiness and compliance with international standards. However, failure to comply with an AD can lead to severe consequences, including the grounding of aircraft, which can result in substantial financial losses and safety risks. The cancellation of AD/MCH/8, for instance, was made due to Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as determined by the Office of Best Practice Regulation. The AD was 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.