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/31 affecting Sunair HF Transceiver ASB-130(). CASA has assessed this AD and as a result has cancelled Australian AD/RAD/31. 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 framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations for the purposes of ensuring the safety of air navigation. One significant aspect of this framework is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to mandate specific requirements for maintaining the airworthiness of aircraft or aeronautical products. These directives align with Australia's international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs to reflect the requirements set by the State of Design. The process ensures that aircraft registered in Australia meet the highest safety standards both domestically and internationally.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. As a legislative instrument, an AD is subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, which holds responsibility for the continuing airworthiness of an aircraft type, must provide necessary information to appropriate States of Registry, with CASA acting on this information to issue Australian ADs where appropriate. The cancellation of an AD, such as Australian AD/RAD/31 concerning the Sunair HF Transceiver ASB-130, is based on the assessment that the unsafe condition no longer exists and does not necessitate a replacement AD. The cancellation process adheres to Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement is required as determined by the Office of Best Practice Regulation. This process ensures that ADs are issued and managed in alignment with international standards and Australian safety requirements.
Key Provisions
The Civil Aviation Act 1988 (sections 98 and 84A) allows the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifying that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This means that ADs hold legal authority and must be adhered to by the parties they govern.
Under these provisions, the State of Design has a primary responsibility for ensuring the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure that the aircraft can maintain its airworthiness. Correspondingly, the State of Registry of an individual aircraft is responsible for its ongoing airworthiness, and must develop or adopt requirements to uphold this. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Offences and penalties for non-compliance with ADs are significant, as these directives are integral to maintaining aviation safety. Section 90 of the Civil Aviation Act 1988 stipulates that failure to comply with an AD can result in serious consequences, including fines and imprisonment. The maximum penalty for contravening an AD can be substantial, reflecting the critical nature of airworthiness directives in ensuring public safety within the aviation sector. Non-compliance not only endangers the safety of passengers and crew but also poses significant risks to overall air traffic management and public safety.