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/OM-P/1 affecting Omnipol piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/OM-P/1. The cancellation will become effective on 27 August 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety of air navigation in Australia, with the overarching aim of ensuring the safety of the public and property. Under this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are a legislative instrument and are subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Safety Authority, acting in its capacity as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. This process is integral to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. This Act applies to all aircraft registered in Australia and the operators or persons in charge of these aircraft. The ADs are legislative instruments that mandate compliance with specified airworthiness standards, impacting the aviation industry directly. These regulations have a national jurisdictional reach, encompassing all activities within Australia's airspace. CASA, as Australia’s national airworthiness authority, is responsible for issuing ADs when required by the State of Design, ensuring compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The process involves CASA assessing international ADs and, if deemed necessary, issuing corresponding Australian ADs to maintain airworthiness standards. In the specific case of AD/OM-P/1 concerning Omnipol piston engines, CASA has cancelled the directive due to the resolution of the unsafe condition, effective from 27 August 2009, and no further action is required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay out the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations to enhance the safety of air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, as a means of ensuring ongoing airworthiness. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined in the Legislative Instruments Act 2003.
Compliance with the ADs issued by CASA is mandatory for all relevant parties, including aircraft operators and manufacturers. For instance, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA is obligated to assess this directive and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards as outlined by international conventions, specifically Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates that the State of Registry enforces these standards.
Failure to comply with the ADs can result in serious legal repercussions. CASA, as the national airworthiness authority, has the power to enforce compliance and take corrective actions against non-compliant entities. The consequences of non-compliance can range from civil penalties to criminal charges, depending on the severity and intent behind the breach. Although specific penalties are not detailed in the text, it is understood that significant penalties could be imposed to ensure the safety and integrity of the aviation industry in Australia.
In the specific case of AD/OM-P/1, which affected Omnipol piston engines, CASA assessed the directive and subsequently cancelled it. This cancellation took effect on 27 August 2009, and no replacement AD was required as the unsafe condition no longer existed. As this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, there was no public consultation required. Moreover, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for issuing and cancelling such directives. This action was made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.