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/ROCK-114/5 affecting all Gulfstream (Rockwell) 114 aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/ROCK-114/5. 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, 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 was enacted to ensure the safety of air navigation and establish a regulatory framework for civil aviation in Australia. One of the mechanisms introduced under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Act empowers the Governor-General to make regulations in the interest of safety, which CASA exercises by issuing ADs as legislative instruments under section 46A of the Acts Interpretation Act 1901. These directives serve to maintain the continuing airworthiness of aircraft, in alignment with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that Australian aircraft meet necessary safety standards, thereby protecting public safety and promoting international cooperation in civil aviation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The scope of these ADs extends to all aircraft registered within Australia, requiring the State of Registry to ensure the continuing airworthiness of these aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to maintain airworthiness, and CASA must act accordingly when an AD is issued by the State of Design. The application of these regulations is national, ensuring compliance with international standards and obligations under the Convention. The authority to issue or cancel ADs is exercised by CASA, specifically by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group. This process adheres to the provisions outlined in the Act and does not typically require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs) for aircraft or aeronautical products, particularly those on the Australian Register. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations for the safety of air navigation, with CASA (Civil Aviation Safety Authority) having the responsibility under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
In line with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the overall responsibility for the continuing airworthiness of an aircraft type, and is mandated to provide necessary information to ensure the airworthiness of the type to the appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must establish or adopt requirements to maintain airworthiness. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations and requirements imposed by the Act and the Regulations include the assessment and implementation of airworthiness directives issued by States of Design. CASA must evaluate the information contained in foreign ADs and, if deemed necessary, issue corresponding ADs in Australia to ensure compliance with safety standards. This process ensures that Australian aircraft meet international safety standards and maintain airworthiness. The Act also mandates that the State of Registry develop or adopt requirements to ensure the continuing airworthiness of aircraft.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, any breach of the regulations or failure to comply with the requirements of airworthiness directives could lead to civil or criminal consequences. The maximum penalties for breaches of civil aviation safety regulations are not explicitly stated in the text, but they may include fines or other penalties as prescribed by law. Additionally, non-compliance with ADs could result in the grounding of aircraft, which poses significant safety risks and legal liabilities for the operators and the State of Registry. The Act underscores the importance of adhering to airworthiness requirements to ensure the safety of air navigation.