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/9 Amendment 1 affecting Rexair Amspeaker series ACS-1A/1D and ACS-2/2A. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/9 Amendment 1. 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 Parliament of Australia, aims to regulate civil aviation and ensure the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of safety, and it is within this framework that the Civil Aviation Safety Regulations 1998 were established. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with international safety standards. The ADs, as legislative instruments, are issued to address safety concerns and maintain the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act thus provides the legislative basis for CASA to manage and enforce airworthiness directives in Australia, fulfilling the country's obligations under international aviation agreements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively govern the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing safety of aircraft and aeronautical products. Pursuant to these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments themselves as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are primarily derived from the requirements of the State of Design and are subject to assessment and potential adaptation by CASA, which acts as Australia's national airworthiness authority. These regulations apply to entities and individuals involved in the design, manufacture, and operation of aircraft within Australia, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs extend nationally and are made in accordance with specific provisions of the Civil Aviation Act 1988. No specific exclusions, exemptions, or thresholds are mentioned within the provided text, and the scope of the ADs is determined by the international and domestic regulatory frameworks governing civil aviation safety.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations that ensure the safety of air navigation. 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. An AD is a disallowable instrument, as per section 46A of the Acts Interpretation Act 1901, and thus it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that ADs are formal regulatory instruments that must be made and are subject to parliamentary disallowance.
The obligations under the Act require CASA to assess any ADs issued by the State of Design of an aircraft type and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards. Additionally, the State of Registry, which in Australia is CASA, must ensure the continuing airworthiness of each aircraft under its registry. This includes developing or adopting requirements to maintain the airworthiness of aircraft and implementing any ADs issued by the State of Design. This responsibility is critical to ensuring that all aircraft in Australian airspace comply with safety regulations.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, an AD is a legal requirement that must be followed. Non-compliance can lead to various civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts. CASA has the authority to enforce these regulations and can take action against entities or individuals who fail to comply with an AD. This enforcement is crucial to maintaining the high safety standards required in civil aviation.