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/28 affecting Garrett Rescue 88A Crash Locator Beacons. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/28. 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing gaps in safety standards and regulatory oversight within the aviation sector. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently developed, with regulation 39.001 empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing safety of aircraft and aeronautical products. These ADs serve as a critical mechanism for maintaining airworthiness in compliance with international standards set forth by the Convention on International Civil Aviation, particularly through Annex 8, which delineates the responsibilities of States of Design and Registry. The Civil Aviation Act 1988 thus facilitates the implementation of ADs, allowing CASA to mandate necessary safety measures in response to identified risks, thereby safeguarding the public interest and ensuring the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. According to the Act, the Governor-General has the authority to make regulations for air safety, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. The ADs are considered legislative instruments and must adhere to the requirements set out in the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities. CASA, as the national airworthiness authority, evaluates the necessity of issuing Australian ADs based on information provided by the State of Design, ensuring that all aircraft registered in Australia comply with the required safety standards. In the case of AD/RAD/28 concerning Garrett Rescue 88A Crash Locator Beacons, CASA has cancelled the directive due to the resolution of the unsafe condition, reflecting Australia's commitment to international civil aviation obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations for the purposes of the Act, particularly in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry are significant. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation, and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The legislative framework also includes provisions for the enforcement of compliance with ADs and the consequences of non-compliance. Although the specific offences, penalties, or civil and criminal consequences for breach are not detailed in the provided text, it is generally understood that non-compliance with ADs could lead to regulatory action, including fines or other penalties, and potentially criminal charges if the non-compliance results in significant safety hazards. The maximum penalties for such breaches would typically be determined by the specific regulations and the severity of the non-compliance.
In this particular instance, CASA issued AD/RAD/28 concerning Garrett Rescue 88A Crash Locator Beacons, which has since been cancelled due to Australia’s obligations under the Convention on International Civil Aviation. The cancellation of this AD became effective on 9 April 2009, with no replacement AD required as the unsafe condition no longer exists. As this cancellation was made in adherence to international obligations, there was no requirement for consultation with the Australian public or for a Regulatory Impact Statement. The AD 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.