CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
CANCELLATION 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 French DGAC has cancelled AD F-1998-301 affecting Dräger Aerospace oxygen generators. France is the State of Design for these oxygen Generators. CASA has assessed the cancellation and as a result has cancelled Australian AD/OXY/18. The cancellation will become effective on 14 April 2005. No replacement AD is required, as the original unsafe condition has now been corrected.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been cancelled by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate the safety and efficiency of civil aviation within Australia. The Act addresses the need for comprehensive legislative frameworks to ensure the safety and security of air navigation, with a particular focus on airworthiness directives. One such regulation, the Civil Aviation Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain kinds of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to align Australian civil aviation practices with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the overarching responsibility for ensuring the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, must evaluate and implement these directives, ensuring that Australian regulations reflect international safety standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 establish the framework within which the Australian Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Under these regulations, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products, with such directives being considered legislative instruments. The ADs serve as a means of ensuring the continuing airworthiness of aircraft, as mandated by the Convention on International Civil Aviation, which places responsibility for such oversight with the State of Design and the State of Registry. When an AD is issued by a foreign State of Design, CASA must assess the information and, if necessary, issue a corresponding Australian AD. However, the AD in question, pertaining to Dräger Aerospace oxygen generators, has been cancelled by the French DGAC as the State of Design, leading CASA to also cancel the corresponding Australian AD, effective from 14 April 2005. This cancellation was executed in line with Australia’s obligations under the Convention and does not require consultation with the public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain key provisions related to airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003. In particular, the ADs are crucial for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft is designed, holds primary responsibility for the type's continuing airworthiness and must provide necessary information to the State of Registry, which is the country where the aircraft is registered.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to act on airworthiness directives issued by the State of Design. When the French Directorate General for Civil Aviation (DGAC) cancelled an AD related to Dräger Aerospace oxygen generators, CASA assessed this cancellation and, accordingly, cancelled the corresponding Australian AD. This action underscores the interconnectedness of international civil aviation regulations and the necessity for CASA to respond to directives from the State of Design. Moreover, the State of Registry must ensure that aircraft meet the continuing airworthiness requirements, which CASA enforces through the issuance and cancellation of ADs.
Breaches of the requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant civil and criminal consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, general provisions in the Act and associated regulations could result in substantial fines or imprisonment. CASA's authority to issue and cancel ADs is exercised with the intent to maintain high safety standards, and any failure to comply with these directives could lead to enforcement actions, potentially including legal proceedings against individuals or corporations. The legislative framework is designed to ensure that all parties adhere strictly to airworthiness standards to prevent any compromise in the safety of air navigation.