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/PDH/4 affecting all blades fitted to De Havilland type PD66/446/2 and PD96/446/1 propellers. CASA has assessed this AD and as a result has cancelled Australian AD/PDH/4. 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 ensure the safety of air navigation and to regulate civil aviation within Australia. This legislation empowers the Governor-General to make regulations necessary for the safety of air navigation, with a particular focus on the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The 1988 Act was introduced to address the need for a robust regulatory framework to manage and oversee the safety and airworthiness of aircraft in Australian airspace, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. The enactment of this Act by the Australian Parliament established CASA as the national airworthiness authority, responsible for implementing and enforcing regulations that maintain the safety of civil aviation in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to all entities and persons involved in civil aviation in Australia, including aircraft manufacturers, operators, maintenance providers, and aviation authorities such as the Civil Aviation Safety Authority (CASA). This legislation governs the issuance of airworthiness directives (ADs), which are regulatory instruments designed to ensure the continuing airworthiness of aircraft and aeronautical products. The Act's application extends to mandating compliance with ADs that are issued by CASA, following assessments of directives from the aircraft's State of Design and the requirements of the Convention on International Civil Aviation. The geographic reach of this legislation is national, as it applies throughout Australia, and it is subject to international standards through its alignment with ICAO conventions. Subordinate instruments may further extend or specify the application of these regulations, although the primary focus remains on maintaining safety standards in civil aviation. While the Act provides for the issuance of ADs, it does not require public consultation or a Regulatory Impact Statement for such instruments, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, allows the Governor-General to create regulations that are necessary for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs apply to specific types of aircraft or aeronautical products and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs are legislative instruments that ensure the continuing airworthiness of aircraft types and are in line with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for maintaining airworthiness and requiring the State of Registry to ensure the ongoing airworthiness of individual aircraft.
The Civil Aviation Safety Regulations 1998 establish that the Civil Aviation Safety Authority (CASA) can issue ADs for certain aircraft or aeronautical products. The State of Design, which is responsible for the aircraft type's continuing airworthiness, must provide the necessary information to the State of Registry, which in Australia's case is CASA. When an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. For example, CASA issued and subsequently cancelled Australian AD/PDH/4 concerning all blades fitted to De Havilland type PD66/446/2 and PD96/446/1 propellers. The cancellation, effective from 9 April 2009, was due to the unsafe condition no longer existing, and no replacement AD was needed.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several requirements on parties involved. The State of Design must ensure the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry. The State of Registry, represented by CASA in Australia, must develop or adopt requirements to ensure the airworthiness of individual aircraft. CASA must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce those requirements. Furthermore, CASA must adhere to Australia's obligations under the Convention on International Civil Aviation and Annex 8.
Breaching the requirements of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various consequences. The specifics of offences, penalties, and consequences for non-compliance are not detailed in the provided text. However, it is clear that failure to adhere to the airworthiness directives and regulations could lead to legal ramifications for the parties involved, including potential fines, sanctions, or other civil or criminal penalties as determined by the relevant authorities.