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/RES/15 affecting Pacific Scientific dual tension reel assemblies P/Nos 0109101-01,-03,-05and-07. CASA has assessed this AD and as a result has cancelled Australian AD/RES/15. 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, Airframe and Structures, 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 regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards under the Convention on International Civil Aviation. In the case of AD/RES/15 concerning Pacific Scientific dual tension reel assemblies, CASA assessed the directive and determined its cancellation due to the resolution of the unsafe condition, effective from 9 April 2009. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation, thereby obviating the need for public consultation or a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Airframe and Structures, within CASA's Airworthiness Engineering Group, reflecting the authority vested under the Act.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to mandate safety standards for types of aircraft or aeronautical products. This Act applies to all entities and persons involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance providers, as well as to the aircraft and aeronautical products registered in Australia. The jurisdictional reach of the Act is national, encompassing all states and territories within Australia. ADs are legislative instruments under the Legislative Instruments Act 2003 and serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, aligning with obligations under the Convention on International Civil Aviation. Although ADs are subject to disallowance, they do not require public consultation or a Regulatory Impact Statement. The scope of the ADs can be extended or restricted through subordinate instruments, reflecting Australia's commitment to international civil aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to act on ADs issued by the State of Design, which holds responsibility for the continuing airworthiness of an aircraft type as per Annex 8 to the Convention on International Civil Aviation. CASA must evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, CASA issued and subsequently cancelled AD/RES/15 concerning Pacific Scientific dual tension reel assemblies, due to the unsafe condition no longer existing. The cancellation of this AD, which took effect on 9 April 2009, does not require a replacement AD, as the unsafe condition has been resolved.
The obligations also extend to the State of Registry, which must ensure the continuing airworthiness of individual aircraft by developing or adopting requirements in line with Annex 8. In the context of international cooperation, the State of Design is tasked with providing necessary information to appropriate States of Registry to maintain airworthiness standards.
Failure to comply with the requirements set out in an AD may lead to severe consequences. While specific penalties are not detailed in the text, breaches of ADs are likely to be treated as violations of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These violations could result in substantial fines, enforcement actions, or even criminal charges, depending on the severity of the breach and its impact on aviation safety.