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.
CASA issued AD/RES/9, affecting certain types of seat belts in 1975. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 November 2007. No replacement AD is required, as the original unsafe condition no longer exists, the affected belts having long been removed from service.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, particularly focusing on the safety of air navigation. It allows the Governor-General to make regulations for the purposes of the Act, such as the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate the requirements for ensuring the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives when necessary, and has the authority to cancel them if the unsafe conditions they address no longer exist. In the case of AD/RES/9, which affected certain types of seat belts, CASA decided to cancel the directive issued in 1975, effective 22 November 2007, as the unsafe condition no longer existed. This cancellation reduces the regulatory burden and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives apply to specific types of aircraft and aeronautical products to ensure safety in air navigation. The scope of the ADs is extensive, covering any aircraft registered in Australia and any aeronautical products used in such aircraft. The Act applies to the State of Design, which has overall responsibility for continuing airworthiness of an aircraft type, and to the State of Registry, which must ensure the continuing airworthiness of individual aircraft. The ADs serve as a mechanism for continuing airworthiness information, mandated by international standards under Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The application of the ADs extends nationally within Australia, aligning with the responsibilities and requirements set by the Civil Aviation Act and the Civil Aviation Safety Regulations. There are no exclusions, exemptions, or specific thresholds mentioned in the text for the issuance of ADs, although the ADs themselves may specify conditions and requirements for particular aircraft or products.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, which allows for the making of regulations in the interest of air navigation safety. Regulation 39.001(5) clarifies that these ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the oversight of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation further supports the role of the State of Design in maintaining the continuing airworthiness of aircraft types, with States of Registry adopting corresponding measures to ensure the safety of aircraft within their jurisdiction.
The obligations imposed by these regulations require CASA to act on information from the State of Design. When an AD is issued by another contracting state, CASA must evaluate the information and decide if an Australian AD is necessary to implement the safety requirements of the State of Design. This ensures that Australian-registered aircraft comply with internationally recognised safety standards. Additionally, the State of Registry is tasked with the responsibility of ensuring the ongoing airworthiness of individual aircraft within its jurisdiction, reinforcing a layered approach to safety oversight. These obligations underscore the importance of international cooperation in maintaining high safety standards in civil aviation.
Failure to comply with the requirements set forth in an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to both civil and criminal penalties. The specific penalties for such breaches are determined by the seriousness of the offence and can include fines and imprisonment. Given the critical nature of airworthiness directives, strict enforcement of these regulations is essential to uphold the safety and integrity of Australia's civil aviation system. The detailed provisions and potential penalties reflect the high stakes involved in ensuring the safe operation of aircraft.