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/2 affecting Omnipol piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/OM-P/2. 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 establish a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations, which are integral to maintaining the safety of air navigation, as outlined in section 98. The Civil Aviation Safety Regulations 1998 further delegate the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are integral to fulfilling Australia’s obligations under international civil aviation conventions, particularly Annex 8. The ADs are a critical means by which states ensure the continuing airworthiness of aircraft, with CASA playing a pivotal role in this process by assessing and implementing directives issued by the State of Design, thereby safeguarding the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as amended, facilitates the regulation of civil aviation safety in Australia through various mechanisms, including the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of these aircraft. The ADs are legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901. These directives are aligned with Annex 8 to the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must implement requirements to ensure this airworthiness. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design. This process ensures compliance with international standards and obligations, and maintains the safety and reliability of aircraft registered in Australia.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, as referenced in section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) clarifies that these directives are disallowable instruments under the Acts Interpretation Act 1901, and consequently, they are also legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft types, a responsibility that falls under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the primary duty to provide necessary information to maintain airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of registered aircraft.
The obligations imposed by these regulations on CASA, as the national airworthiness authority, include assessing information from the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the requirements. This ensures that all aircraft registered in Australia meet the requisite safety standards. In the specific case of the Omnipol piston engines, CASA issued and subsequently cancelled Australian AD/OM-P/2 after evaluating the safety conditions and finding that the unsafe condition no longer existed, effective from 27 August 2009. Given the international obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required for this AD cancellation.
The Civil Aviation Safety Regulations 1998 also delineate the consequences for non-compliance. While the specific offences and penalties for breaching airworthiness directives are not detailed in the provided text, it is implicit that failure to adhere to these directives could lead to serious safety risks. Such non-compliance could result in legal action, including civil penalties or criminal charges, depending on the severity of the breach and its impact on air safety. The authority to issue these directives and the stringent obligations to enforce them underscore the critical nature of airworthiness regulations in maintaining the safety and integrity of Australia's civil aviation sector.