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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/ML-M4/8 affecting Maule M-4 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 February 2009. No replacement AD is required.
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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a unified approach to aviation safety, efficiency and industry development. It serves as the primary legislative basis for the regulation of civil aviation in Australia, empowering the Civil Aviation Safety Authority (CASA) to develop and enforce regulations aimed at ensuring the safety and efficiency of air navigation. Among these regulations are the Civil Aviation Safety Regulations 1998, which grant CASA the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft, in line with the requirements of Annex 8 to the Convention on International Civil Aviation. In accordance with section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments and are subject to disallowance. The cancellation of a specific AD, such as AD/ML-M4/8 affecting Maule M-4 model aircraft, is made in accordance with these legislative provisions, reflecting Australia's commitment to international civil aviation standards.
Scope and Application
The Civil Aviation Act 1988 applies broadly to all aspects of civil aviation within Australia, establishing the legislative framework for the safety and regulation of air navigation. Pursuant to this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with safety standards. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Act 1988 and the associated regulations have a national jurisdictional reach, governing all entities and persons involved in civil aviation within Australia. The ADs apply to the aircraft or aeronautical products specified within the directives, and they are designed to ensure the continuing airworthiness of these entities, which is a responsibility of both the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. The ADs do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The authority to issue and cancel such ADs is vested in CASA, as illustrated by the cancellation of AD/ML-M4/8 for the Maule M-4 model aircraft, reflecting Australia's obligations under international civil aviation agreements.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety, while the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and thus constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The State of Design is responsible for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, and must provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. This continuing airworthiness information is typically in the form of ADs, which are issued by most ICAO Contracting States. Meanwhile, the State of Registry is responsible for the continuing airworthiness of an individual aircraft, and must develop or adopt requirements to ensure the continuing airworthiness of aircraft as per Annex 8.
CASA issued an AD/ML-M4/8 affecting Maule M-4 model aircraft, but has since reviewed and cancelled this AD, with the cancellation becoming effective on 12 February 2009. This cancellation is due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required. As this AD cancellation did not require consultation with the Australian public, and ADs do not require a Regulatory Impact Statement according to the Office of Best Practice Regulation, no further action was necessary in these regards.
The AD was 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. In terms of obligations, CASA is required to ensure the safety and airworthiness of aircraft within Australia, and must adhere to international standards and obligations as outlined by ICAO and the Convention on International Civil Aviation. Failure to comply with ADs or other regulations may result in civil or criminal penalties, including fines and imprisonment. The specific penalties for non-compliance with ADs are not stated in the text, but may be found in other sections of the Civil Aviation Act 1988 or associated regulations.