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/OXY/1 affecting Scott Aviation Constant Flow Mask Assemblies. CASA has assessed this AD and as a result has cancelled Australian AD/OXY/1. The cancellation will become effective on 9 April 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 establish a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act provides the legislative basis for the creation of regulations that address various aspects of civil aviation, including airworthiness directives (ADs), which are crucial for maintaining the safety of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for issuing ADs, ensuring that aircraft and aeronautical products continue to meet safety standards. The Act and its regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs that mandate specific actions to address safety issues, reflecting Australia's commitment to international aviation safety standards under the Convention on International Civil Aviation. The objective is to ensure that the continuing airworthiness of aircraft is maintained in accordance with internationally accepted practices.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This legislative framework applies to any aircraft registered in Australia and extends to the maintenance and operation of these aircraft, ensuring that they meet the safety standards prescribed by CASA. The ADs are mandated under the authority granted by the Governor-General under section 98 of the Act, and they are instrumental in upholding the safety of air navigation. Furthermore, as per the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the aircraft meets the required safety standards. The ADs issued by CASA are legislative instruments, and their issuance or cancellation is subject to specific regulatory processes as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In the case of the AD/OXY/1 concerning Scott Aviation Constant Flow Mask Assemblies, CASA has cancelled this directive due to the resolution of the unsafe condition, and no further AD is required as a result.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, establish the framework for the issuance of airworthiness directives (ADs). According to 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 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901. This regulatory mechanism is crucial for ensuring the continuing airworthiness of aircraft and aeronautical products in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, CASA, as Australia's national airworthiness authority, is obligated to assess any airworthiness information provided by the State of Design and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained according to international standards. The State of Registry, which in the case of Australia is CASA, holds the responsibility for the ongoing airworthiness of individual aircraft. This involves developing or adopting necessary requirements to maintain airworthiness, and ensuring compliance with ADs issued by the State of Design.
There are no specific offences, penalties, or consequences outlined for the breach of ADs within the provided text. However, ADs are integral to the regulatory framework governing air navigation safety, and non-compliance with these directives can result in serious safety issues and potential legal repercussions. The issuance, assessment, and compliance with ADs are pivotal in upholding the safety standards set by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to adhere to these regulations could lead to severe consequences, including the grounding of aircraft and potential legal actions against the operators or manufacturers who fail to comply with mandated safety measures.