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, the Civil Aviation Safety Authority (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 equipment used in aircraft, or in an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of aircraft in which the equipment is used, 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.
CASA or its predecessors issued AD/PADS/1 affecting the static line described in HSJ Aviation drawing 0856. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 9 April 2009. No replacement AD is required.
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, Airframes and Structures 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 comprehensive framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support these objectives, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for different types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. In the context of the AD/PADS/1 concerning the static line described in HSJ Aviation drawing 0856, CASA has exercised its authority to cancel this directive effective 9 April 2009, reflecting the need to comply with international obligations and without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, with the overarching aim of ensuring the safety of air navigation. This regulatory framework applies to all aircraft registered in Australia and their components, thereby encompassing a wide range of entities, including aircraft manufacturers, operators, and maintenance providers. The geographic reach of this legislation is national, as it applies throughout Australia, and it aligns with international standards set by the International Civil Aviation Organization (ICAO). The ADs themselves are legislative instruments, which means they have legal force and are subject to disallowance by Parliament. Notably, the Act does not specify any exclusions or exemptions, and the scope of ADs is extended or restricted through subordinate instruments as necessary. The cancellation of a specific AD, such as AD/PADS/1 affecting the static line in HSJ Aviation drawing 0856, is made in accordance with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations to ensure the safety of air navigation. In this context, the Civil Aviation Safety Regulations 1998 (regulation 39.001) empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Notably, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
According to the Convention on International Civil Aviation, particularly Annex 8, the State of Design, which is the country where the aircraft or aeronautical product is designed, bears the responsibility for ensuring the continuing airworthiness of equipment used in aircraft. This involves providing any necessary information to the State of Registry, which is the country where the aircraft is registered, to maintain the airworthiness of the aircraft. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In line with these international obligations, CASA, on behalf of Australia, has the authority to issue ADs, which are the primary means of communicating continuing airworthiness information.
CASA has reviewed and subsequently cancelled AD/PADS/1, which pertained to the static line described in HSJ Aviation drawing 0856. The cancellation, effective from 9 April 2009, was a result of Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is necessary. Given that this cancellation aligns with international commitments and does not require consultation with the Australian public, the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary. The AD was issued by the Manager, Airframes and Structures, in the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. Failure to comply with an AD can result in severe penalties. Under regulation 39.007, the maximum penalty for non-compliance with an AD can include fines of up to 5,000 penalty units for individuals and 25,000 penalty units for corporations. Additionally, under regulation 39.010, CASA has the authority to impose further penalties, including suspension or revocation of an aircraft’s certificate of airworthiness, which can effectively ground the aircraft until compliance is achieved. These provisions underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft in Australia.