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/2 affecting Scott Aviation Oxygen Masks. CASA has assessed this AD and as a result has cancelled Australian AD/OXY/2. 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, enacted by the Commonwealth Parliament, is a foundational piece of legislation governing the safety and regulation of civil aviation within Australia. The Act was introduced to address the need for a comprehensive regulatory framework that ensures the safety and efficiency of air navigation, aircraft operation, and other aviation-related activities. One of its key provisions is the authority granted to the Governor-General to make regulations that support the Act's objectives, specifically in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, further elaborate on the requirements for maintaining airworthiness, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are essential for ensuring that aircraft continue to meet safety standards throughout their operational life, aligning with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory framework is designed to ensure the continuing airworthiness of aircraft and to align with the responsibilities of the State of Design and State of Registry under Annex 8 of the Convention on International Civil Aviation. ADs serve as a key mechanism for maintaining safety standards and ensuring compliance with international obligations. CASA, acting as Australia’s national airworthiness authority, is mandated to assess any ADs issued by States of Design concerning aircraft on the Australian Register and, if necessary, issue corresponding Australian ADs. This process ensures that Australian aviation standards are harmonised with international practices. The ADs are legislative instruments subject to disallowance and are made in accordance with the Legislative Instruments Act 2003. The cancellation of AD/OXY/2 for Scott Aviation Oxygen Masks, due to the resolution of the unsafe condition, exemplifies the practical application of these regulations, demonstrating CASA's commitment to safety and compliance with international standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These directives are critical tools in ensuring the ongoing safety and airworthiness of aircraft, and they are considered legislative instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, as well as section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation are primarily focused on maintaining the airworthiness of aircraft. The State of Design, which is the country where an aircraft type is designed, is responsible for the continuing airworthiness of the aircraft type. They must provide necessary information to the State of Registry to ensure this. The State of Registry, which is the country where an aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. For instance, if CASA, as Australia's national airworthiness authority, receives an AD from a State of Design concerning an aircraft type registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the requirements of an airworthiness directive can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines. The maximum penalty for contravening an AD can be substantial, reflecting the critical importance of adhering to these safety directives. Additionally, ongoing non-compliance could lead to the grounding of an aircraft, which would have severe operational and safety implications. In extreme cases, persistent non-compliance could result in criminal charges, potentially leading to imprisonment, especially if the non-compliance has led to an accident or serious incident. These stringent measures underscore the importance of adhering to airworthiness directives to maintain the safety of air navigation.