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.
The Civil Aviation Safety Authority or its predecessors issued AD/ROCK-114/11 affecting Gulfstream (Rockwell) 114 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/ROCK-114/11. The cancellation will become effective on 28 August 2008. 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, enacted by the Commonwealth Parliament, is designed to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the safety requirements for aircraft and aeronautical products, and these regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. An airworthiness directive, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations, is a legislative instrument that serves as a key mechanism for ensuring that aircraft remain airworthy, aligning with the overarching policy objective of enhancing aviation safety both domestically and in accordance with international standards. The issuing of these directives is integral to fulfilling Australia's commitments under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types and the responsibilities of the State of Registry.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations empower CASA to issue ADs for specified kinds of aircraft or aeronautical products under regulation 39.001, which are considered disallowable instruments under the Acts Interpretation Act 1901 and, thus, legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a means to maintain the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for providing necessary information to ensure the continuing airworthiness of an aircraft type. In Australia, the State of Registry of an individual aircraft, in this case CASA, is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft. This regulatory framework extends nationally, applying to all aircraft registered in Australia and operated within its jurisdiction. The geographic reach of these regulations is comprehensive, covering all Australian airspace and the aircraft registered under the Australian Civil Aviation Registry. The application of these regulations does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The issuance and cancellation of ADs are executed by authorised personnel within CASA, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 concern the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) stipulates that an AD is a disallowable instrument, and therefore a legislative instrument under the Legislative Instruments Act 2003.
The Act and regulations impose several obligations on parties and entities. The State of Design, which is the State responsible for designing the aircraft, must provide necessary information to ensure continuing airworthiness to appropriate States of Registry, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must develop or adopt requirements to ensure this airworthiness. In Australia, CASA has issued and subsequently cancelled an AD for Gulfstream (Rockwell) 114 model aeroplanes, as the unsafe condition it was addressing no longer exists.
The Civil Aviation Safety Regulations 1998 also provide for various offences, penalties, and consequences for breaches. While specific penalties for non-compliance with ADs are not outlined in the explanatory statement, such non-compliance generally carries civil and criminal consequences under the Civil Aviation Act 1988. For instance, failure to comply with an AD can lead to enforcement actions against the aircraft operator or owner, potentially resulting in fines or other penalties. Furthermore, serious breaches could lead to criminal charges, with potential imprisonment for directors or responsible persons.
Given Australia’s obligations under the Convention on International Civil Aviation, the cancellation of the AD did not require consultation with the Australian public, nor did it necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The AD cancellation will become effective on 28 August 2008, and no replacement AD is required as the unsafe condition no longer exists.