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/RAD/11 Amendment 2 affecting AN/ARC/1 series VHF Transceivers. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/11 Amendment 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 Australian Parliament, serves to regulate the safety of air navigation and aviation operations within Australia. The Act empowers the Governor-General to establish regulations in the interest of air navigation safety. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments that ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, evaluates and implements ADs issued by the State of Design to maintain safety standards on the Australian aircraft register. The Civil Aviation Safety Regulations 1998 and Annex 8 of the Convention underpin these processes, ensuring that Australia adheres to international standards for aircraft airworthiness.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Under these laws, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for providing necessary information to ensure the airworthiness of aircraft types, which is then implemented by the State of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing international ADs issued by States of Design and issuing corresponding Australian ADs as needed to mandate the required safety measures. The issuance, amendment, or cancellation of such ADs, such as the recent cancellation of Australian AD/RAD/11 Amendment 2 concerning AN/ARC/1 series VHF Transceivers, is conducted without public consultation due to Australia’s international obligations under the Convention on International Civil Aviation. This process is overseen by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations to ensure the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 (regulation 39.001) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument that becomes effective following disallowance procedures as stipulated in the Legislative Instruments Act 2003 (section 6).
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by these provisions include adherence to the airworthiness directives issued by CASA. The State of Design is responsible for ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. This means providing necessary information to the States of Registry, which are then required to implement measures to ensure the continuing airworthiness of individual aircraft within their jurisdiction. CASA, as Australia’s national airworthiness authority, must evaluate the information from the State of Design and, if deemed necessary, issue corresponding Australian ADs.
Failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to various penalties, including fines and imprisonment. The specific penalties for breaches of ADs are outlined in the Civil Aviation Act 1988 and can vary based on the severity of the violation. In the case of the cancelled AD/RAD/11 Amendment 2, which affected AN/ARC/1 series VHF Transceivers, CASA determined that the unsafe condition no longer existed, leading to the cancellation of the directive. Given that the AD was cancelled due to Australia's obligations under the Convention on International Civil Aviation, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was issued 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.