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/17 Amendment 1 affecting American Safety Equipment Corporation shoulder harness and/crotch strap buckles. CASA has assessed this AD and as a result has cancelled Australian AD/RES/17 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, 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 comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations in the interests of air navigation safety, as evidenced by the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, as per regulation 39.001. This legislative mechanism is critical in maintaining the continuing airworthiness of aircraft, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for an aircraft type's airworthiness. CASA, as Australia's national airworthiness authority, must assess and implement ADs issued by the State of Design, ensuring compliance with Australian safety standards. The cancellation of AD/RES/17 Amendment 1 for American Safety Equipment Corporation shoulder harness and crotch strap buckles exemplifies CASA's role in upholding these safety standards by responding to identified unsafe conditions. This action was taken without public consultation, in line with Australia's international commitments and regulatory best practices.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001. The ADs are considered legislative instruments as per subregulation 39.001(5) and the Acts Interpretation Act 1901. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must supply any necessary information to the States of Registry to ensure compliance with airworthiness standards. CASA, as Australia’s national airworthiness authority, must assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This legislative process ensures that the continuing airworthiness of aircraft registered in Australia aligns with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs are formal legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and regulated as such by the Legislative Instruments Act 2003.
Under the obligations outlined in the Civil Aviation Act 1988 and its accompanying regulations, CASA, as Australia's national airworthiness authority, has the responsibility to assess ADs issued by the State of Design of an aircraft and, if necessary, issue Australian ADs that mandate the requirements of the State of Design. This is particularly important given Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction.
In the specific case of AD/RES/17 Amendment 1, issued by CASA concerning American Safety Equipment Corporation shoulder harness and crotch strap buckles, the authority has determined that the unsafe condition addressed by the AD no longer exists. Consequently, Australian AD/RES/17 Amendment 1 has been cancelled, effective 9 April 2009, with no replacement AD required. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and, as such, did not require public consultation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the requirements set out in an AD can result in significant consequences. For operators, non-compliance may lead to the grounding of the affected aircraft until the necessary actions are taken to meet the AD's requirements. CASA has the authority to enforce compliance through various means, including fines and other administrative actions. In severe cases, non-compliance may also lead to criminal charges against individuals responsible for the operation of the aircraft, with potential penalties that may include substantial fines or imprisonment. The specific penalties are determined by the severity of the breach and the discretion of the court.