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/21 affecting airborne ILS installations completed or modified after 15 April 1969. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/21. 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, serves to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act provides the legal foundation for the creation of regulations and directives that govern various aspects of civil aviation, including airworthiness standards. Among these regulations are the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are integral to maintaining the continuing airworthiness of aircraft as mandated by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are issued by States of Design and must be assessed and, if necessary, adopted by the States of Registry, such as CASA in Australia. The policy objective is to ensure that aircraft registered in Australia meet the necessary safety standards as per international obligations.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing safety of aircraft in Australian airspace. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue these directives for kinds of aircraft or aeronautical products, thereby mandating compliance with airworthiness requirements. The ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. The scope of the ADs extends to the State of Registry of an aircraft, which is responsible for ensuring the aircraft's continuing airworthiness, and aligns with the international standards set by the International Civil Aviation Organization (ICAO) through Annex 8 to the Convention on International Civil Aviation. In the case of airborne ILS installations, CASA has cancelled the existing Australian AD/RAD/21 due to the resolution of the unsafe condition, effective from 9 April 2009, and no replacement AD is required. This cancellation was made without public consultation and did not necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The authority to issue such directives rests with CASA, under the oversight of the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, pursuant to section 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation.
The obligations under this Act and its regulations primarily rest on CASA and the State of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing airworthiness directives issued by the State of Design and determining whether to mandate them as Australian ADs. The State of Registry, on the other hand, must ensure the continuing airworthiness of individual aircraft by developing or adopting necessary requirements. These requirements may include implementing ADs issued by CASA or other authorities, ensuring compliance with international standards, and maintaining appropriate records and documentation.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. For instance, not adhering to ADs may lead to the grounding of aircraft, which can have significant financial implications for operators and potentially result in criminal charges if safety is compromised. The specific penalties for breaches of these regulations can vary widely depending on the severity of the offence and may include fines and imprisonment. It is crucial for all parties involved in aviation operations to understand and comply with these regulations to maintain safety and avoid legal repercussions.