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/3 Amendment 1 affecting Omnipol piston engines. CASA has assessed this AD and as a result has cancelled Australian AD/OM-P/3 Amendment 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, enacted by the Commonwealth Parliament, serves as the primary piece of legislation governing civil aviation in Australia. It provides the framework for ensuring the safety and efficiency of civil aviation. The Act empowers the Governor-General to create regulations that support the objectives of the Act, particularly concerning the safety of air navigation. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, which authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003. The overarching policy objective of these directives is to maintain and enhance the safety standards of civil aviation, in alignment with international standards set by the International Civil Aviation Organization (ICAO). CASA plays a crucial role in ensuring that aircraft registered in Australia meet the necessary safety requirements, as per the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) can be issued to ensure the safety of air navigation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products as necessary to maintain airworthiness. This legislation applies to all aircraft registered in Australia, regardless of whether they are operated domestically or internationally, thereby extending its reach across both state and territory boundaries within the Commonwealth. ADs are legislative instruments that adhere to the guidelines set forth in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Notably, these directives are issued under Australia's commitment to international standards, specifically in line with Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to maintain the continuing airworthiness of aircraft types and require States of Registry to implement corresponding measures. In the instance of the AD/OM-P/3 Amendment 1 concerning Omnipol piston engines, CASA has exercised its authority to cancel the directive due to the resolution of the identified unsafe condition, reflecting its commitment to both national and international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations include that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. In the context of Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue an Australian AD if appropriate to mandate the requirements of the State of Design. The Act and Regulations ensure that any AD issued by CASA must comply with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation.
There are specific consequences for breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While the document does not provide details on the penalties or consequences for non-compliance with ADs, such breaches can result in severe civil and criminal penalties under Australian law. Non-compliance with ADs can lead to significant fines and imprisonment, as well as potential liability for any accidents or incidents that occur due to the non-compliance. The seriousness of these consequences underscores the importance of adhering to ADs and ensuring the continuing airworthiness of aircraft.
The document indicates that CASA issued AD/OM-P/3 Amendment 1 affecting Omnipol piston engines but subsequently cancelled this AD on 27 August 2009 due to the unsafe condition no longer existing. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required. The AD was issued 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.