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-2/9 affecting Mitsubishi MU-2 aircraft. CASA has assessed this AD and as a result has cancelled AD/MU-2/9. 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 a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations, including the issuing of airworthiness directives, for the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on the implementation of these directives, allowing the Civil Aviation Safety Authority (CASA) to issue such directives for specific kinds of aircraft or aeronautical products. In line with international standards under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian airworthiness directives to comply with international obligations and maintain safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are legislative instruments for ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue ADs for specific types of aircraft or aeronautical products, making them subject to disallowance under section 46A of the Acts Interpretation Act 1901 and classified as legislative instruments under the Legislative Instruments Act 2003. ADs are critical for maintaining the continuing airworthiness of aircraft, with the State of Design having overarching responsibility as per Annex 8 of the Convention on International Civil Aviation, and the State of Registry, in this case CASA, ensuring compliance with international standards and mandates. This specific AD/MU-2/9 concerning Mitsubishi MU-2 aircraft has been cancelled due to the resolution of the unsafe condition, reflecting Australia's commitment to international civil aviation obligations and the efficient management of airworthiness directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory power ensures that safety standards are met and maintained across the aviation sector. Furthermore, subregulation 39.001(5) stipulates that an AD is a disallowable instrument, making it a legislative instrument under the Legislative Instruments Act 2003.
The obligations under this legislation primarily rest with CASA, which must issue ADs when necessary to maintain the continuing airworthiness of aircraft registered in Australia. CASA must assess any ADs issued by the State of Design (the country where the aircraft was designed) and, if appropriate, issue corresponding Australian ADs. This ensures that all aircraft registered in Australia meet the required safety standards. Additionally, the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to ensure these standards are met.
Failure to comply with an AD can result in severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various offences and penalties for non-compliance. These can include fines, imprisonment, or both, depending on the severity of the breach. The specific penalties are detailed in the regulations but generally reflect the potential risk posed by non-compliance with airworthiness directives. This regulatory approach ensures that all parties involved in aviation operations adhere to the highest safety standards.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for issuing and enforcing airworthiness directives. CASA plays a critical role in ensuring that these directives are issued and adhered to, thereby maintaining the safety of air navigation. The obligations and consequences outlined in the legislation underscore the importance of compliance with these safety standards to protect both the aviation industry and the public.