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-2/2 affecting Mitsubishi MU-2 aircraft. CASA has assessed this AD and as a result has cancelled AD/MU-2/2. 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, Airframes and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation in Australia, ensuring the safety of air navigation and related activities. Under the authority conferred by the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate requirements for the continuing airworthiness of aircraft and aeronautical products. This mechanism is crucial in ensuring that the safety standards set by the State of Design are adopted and enforced within Australia. In compliance with international obligations under the Convention on International Civil Aviation, CASA has the responsibility to assess and implement such directives, as well as to cancel them when the conditions warrant, as demonstrated by the recent cancellation of AD/MU-2/2 for Mitsubishi MU-2 aircraft. This action reflects Australia’s commitment to international standards while maintaining local safety protocols.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 detailing specific areas such as the issuance of airworthiness directives (ADs). These ADs, as per regulation 39.001, are issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. The ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The geographic reach of this legislation is national, encompassing all aircraft registered in Australia and subject to the Convention on International Civil Aviation. The application of these regulations extends to ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO), particularly through the obligations of the State of Design and the State of Registry. This regulatory framework is integral to maintaining safety standards within Australia's aviation industry, with CASA acting as the national airworthiness authority. The cancellation of a specific AD, such as AD/MU-2/2 for Mitsubishi MU-2 aircraft, exemplifies the dynamic nature of these regulations, responding to evolving safety concerns and international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs). Under section 98 of the Act (1), the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products (2). It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments according to section 6 of the Legislative Instruments Act 2003 (3).
The obligations and requirements imposed by these regulations necessitate that the State of Design, which is the country where the aircraft type was designed, must provide necessary information to ensure the continuing airworthiness of the aircraft type. This information is typically provided through ADs, which are recognised as the standard form of continuing airworthiness information by most International Civil Aviation Organization (ICAO) Contracting States (4). The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (5).
Failure to comply with ADs can lead to significant consequences. Civil Aviation Safety Regulations 1998 include provisions that could lead to both civil and criminal penalties for non-compliance. Civil penalties might include fines, while criminal penalties could result in imprisonment, depending on the severity of the breach and the specific regulations involved. The exact penalties are not detailed in the provided text but would typically be stipulated in the regulations themselves or in related legislation.
The cancellation of AD/MU-2/2 for Mitsubishi MU-2 aircraft, as issued by CASA, exemplifies the application of these regulations. CASA has determined that the unsafe condition addressed by the AD no longer exists, leading to the cancellation of the directive, effective from 2 July 2009 (6). This cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was required (7). The AD was issued by the Manager, Airframes and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in line with subsection 84A(2) of the Act (8).