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/20 affecting King KTR-900 series VHF Transceivers. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/20. 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 by the Parliament of Australia to provide a legal framework for the safety and efficiency of civil aviation within the country. The Act addresses the need for a comprehensive regulatory system to manage the risks associated with air navigation and aircraft operations. Under section 98 of this Act, the Governor-General is empowered to create regulations to ensure the safety of air navigation, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives, governed by regulation 39.001 of the Civil Aviation Safety Regulations 1998, are essential tools for maintaining the continuing airworthiness of aircraft, aligning with the obligations set forth in Annex 8 of the Convention on International Civil Aviation. CASA’s role as the national airworthiness authority necessitates the assessment and potential issuance of Australian airworthiness directives when required by the State of Design, ensuring compliance with international standards and the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue these directives under regulation 39.001. ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation. ADs are applicable to specific kinds of aircraft or aeronautical products, and the authority to issue them extends to CASA, which operates under the auspices of Australia's national airworthiness authority. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The application of these regulations is not limited by geographic or jurisdictional boundaries, covering all aircraft registered in Australia and adhering to international standards set by the International Civil Aviation Organization (ICAO). No specific exclusions, exemptions, or thresholds are mentioned in the text, though the authority to issue ADs may be extended or restricted through subordinate instruments. The scope of ADs includes mandating requirements for the continuing airworthiness of aircraft, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for the Act's purposes, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) of these regulations further specifies that an AD is a disallowable instrument, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This entails providing necessary information to the States of Registry to maintain airworthiness. ADs are a standard form of continuing airworthiness information issued by most ICAO Contracting States. The State of Registry of an individual aircraft, such as CASA in Australia, is responsible for ensuring the aircraft's continuing airworthiness. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
CASA issued AD/RAD/20 concerning King KTR-900 series VHF Transceivers. After assessment, CASA decided to cancel Australian AD/RAD/20, effective from 9 April 2009. This cancellation was due to the unsafe condition no longer existing, and no replacement AD is required. Given Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was conducted regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was 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. This process reflects CASA's role in ensuring compliance with international standards and maintaining the safety of air navigation in Australia. The issuance and cancellation of ADs are critical components of CASA's regulatory framework, aimed at safeguarding the public by ensuring the airworthiness of aircraft operating within Australian airspace.