CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
CANCELLATION 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 UK CAA has issued AD G-2005-0013 affecting Shorts SD3-60 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/SD3-60/66. The cancellation will become effective on 4 August 2005. The AD has been replaced by AD/SD3-60/68 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been cancelled by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is a comprehensive piece of legislation designed to regulate civil aviation in Australia and ensure the safety and efficiency of air navigation within the country. The Act addresses the need for a regulatory framework that aligns with international standards, particularly those established by the International Civil Aviation Organization (ICAO). In this context, the Civil Aviation Regulations 1998 further specify requirements for airworthiness, among other aviation-related matters. One of the key aspects of this regulatory framework is the ability to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft, as mandated by section 39.001 of the Civil Aviation Safety Regulations 1998. The objective of these regulations is to uphold the highest safety standards in air navigation, reflecting Australia’s commitment to international civil aviation conventions and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia, including the issuance and cancellation of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. In the case of the UK CAA's AD G-2005-0013 for Shorts SD3-60 model aircraft, CASA cancelled Australian AD/SD3-60/66 and replaced it with AD/SD3-60/68 Amendment 1, effective from 4 August 2005. This cancellation was made under Australia's obligations under the Convention on International Civil Aviation and in response to the AD issued by the relevant State of Design, thus no public consultation or Regulatory Impact Statement was required. The cancellation was authorised by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Regulations 1998, facilitates the issuance of airworthiness directives (ADs) through regulation 39.001. Under this regulation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. Notably, subregulation 39.001(5) designates ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby classifying them as legislative instruments under the Legislative Instruments Act 2003. These directives are critical for maintaining the continuing airworthiness of aircraft, ensuring they meet safety standards as mandated by international agreements, such as Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations primarily rest on CASA, as Australia's national airworthiness authority, to evaluate and, if necessary, issue ADs based on information provided by the State of Design, which has the overall responsibility for the continuing airworthiness of a particular aircraft type. CASA must also ensure that the State of Registry, which is responsible for the individual aircraft, develops or adopts appropriate requirements to maintain airworthiness. In the case of the UK's AD G-2005-0013 affecting the Shorts SD3-60 model aircraft, CASA assessed the UK's directive and subsequently cancelled the Australian AD/SD3-60/66, effective from 4 August 2005. This action was taken in alignment with Australia's international obligations and the issuance of a new directive, AD/SD3-60/68 Amendment 1.
The Civil Aviation Act 1988 and the associated regulations do not require public consultation for the cancellation of ADs due to international obligations or in response to directives from the relevant State of Design, as was the case with AD/SD3-60/66. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. CASA's authority to cancel ADs is exercised by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Act. This process ensures that airworthiness directives are managed effectively and efficiently to maintain safety standards without unnecessary delays.
Breach of the requirements set forth by these regulations can lead to significant civil and criminal consequences. The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 establish various offences and penalties for non-compliance. Individuals and entities that fail to adhere to airworthiness directives or other regulatory requirements may face substantial fines and imprisonment, as outlined in the legislation. The specifics of these penalties can vary, but they serve to enforce compliance and ensure the safety and integrity of air navigation. The seriousness of these potential consequences underscores the importance of adhering to the directives issued by CASA and the international standards set by ICAO.