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-2/27 affecting Mitsubishi MU-2 aircraft. CASA has assessed this AD and as a result has cancelled AD/MU-2/27. 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 ensure the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation. Specifically, under the Act, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and must comply with the Legislative Instruments Act 2003. The overarching aim of this legislation is to ensure the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation, particularly Annex 8. In this context, CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design. The enactment of this legislation addresses the need for a robust regulatory framework to manage the airworthiness of aircraft registered in Australia, ensuring compliance with international safety standards and protecting public safety.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, issued under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for ensuring the ongoing airworthiness of aircraft and are aligned with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, where the aircraft is designed, holds primary responsibility for the continuing airworthiness of the aircraft type, while the State of Registry, which in Australia is CASA, must ensure the aircraft's airworthiness within its jurisdiction. Consequently, when an AD is issued by a foreign State of Design, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the design state's requirements. This regulation applies to all entities involved in the operation, maintenance, and oversight of aircraft registered in Australia, ensuring adherence to stringent safety standards. While ADs are legislative instruments subject to disallowance, they are not required to undergo consultation with the public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
Under the Civil Aviation Act 1988 (section 98), the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation. This power is exercised through the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is also considered a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure that the aircraft remains airworthy. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In a specific case, CASA issued an airworthiness directive (AD/MU-2/27) for Mitsubishi MU-2 aircraft. Following an assessment, CASA decided to cancel this AD. The cancellation of AD/MU-2/27 will take effect on 2 July 2009. No replacement AD is needed because the unsafe condition that prompted the original directive no longer exists. Given that this AD has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was conducted regarding this cancellation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The Manager, Systems and New Technologies, in the Airworthiness Engineering Group, made this AD on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that CASA adheres to its obligations under international conventions while maintaining the safety standards required for Australian-registered aircraft.