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/MU-2/19 affecting Mitsubishi MU-2 aircraft. CASA has assessed this AD and as a result has cancelled AD/MU-2/19. The cancellation will become effective on 2 July 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 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms established by the Act is the issuance of airworthiness directives (ADs), which are regulatory instruments designed to maintain the continuing airworthiness of aircraft. These directives are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowering the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft types registered in Australia. The 1988 Act was introduced to address the need for a comprehensive legislative framework governing civil aviation safety and compliance in Australia. The enactment of this Act by the Australian Parliament aimed to ensure that all civil aviation activities within the country adhere to stringent safety standards, thereby protecting the public and maintaining the integrity of the national airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives, which are legislative instruments under the Acts Interpretation Act 1901, are issued to ensure the safety of air navigation. They are essential for maintaining the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for providing necessary information to ensure the airworthiness of an aircraft type, and the State of Registry must ensure that each aircraft within its jurisdiction meets airworthiness standards. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues Australian ADs to mandate these requirements. The cancellation of AD/MU-2/19, which affected Mitsubishi MU-2 aircraft, is a direct result of Australia’s obligations under the Convention, and no public consultation or Regulatory Impact Statement was required as per the Office of Best Practice Regulation. This AD cancellation was made by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically focusing on the issuance of airworthiness directives (ADs), are critical to understanding the legislative framework governing aviation safety in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions underscore the importance of ADs in maintaining the continuing airworthiness of aircraft types.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to play a pivotal role in ensuring the safety of aircraft registered in Australia. CASA must assess any ADs issued by the State of Design of an aircraft type and, if necessary, issue a corresponding AD for Australia. This ensures that Australian aircraft meet the safety standards set by the State of Design. The State of Registry is responsible for the continuing airworthiness of each aircraft and must develop or adopt requirements to meet this obligation. The Convention on International Civil Aviation, particularly Annex 8, delineates the responsibilities of the State of Design and the State of Registry, emphasising the collaborative nature of international aviation safety standards.
Failure to comply with ADs or any associated regulations can lead to significant legal consequences. The Civil Aviation Safety Regulations 1998 outline various offences and penalties for non-compliance, which can include both civil and criminal sanctions. The maximum penalties for such breaches may vary depending on the severity of the violation, but they are designed to enforce adherence to safety standards and protect public safety. CASA has the authority to enforce these regulations, and any breaches can result in legal action against the offending party.
The cancellation of an AD, such as AD/MU-2/19 for Mitsubishi MU-2 aircraft, is governed by the same legislative framework. CASA assessed the AD and determined that it could be cancelled due to the resolution of the unsafe condition. This cancellation became effective on 2 July 2009, and no replacement AD was required as the unsafe condition no longer existed. The decision to cancel the AD aligns with Australia’s obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The Manager, Systems and New Technologies, in the Airworthiness Engineering Group, made the AD cancellation on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that ADs are timely and appropriately managed to maintain the highest standards of aviation safety.