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/SEATS/3 affecting Sicma passenger seats. CASA has assessed this AD and as a result has cancelled Australian AD/SEATS/3. The cancellation will become effective on 25 September 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 was enacted to provide a framework for the regulation of civil aviation in Australia, with a primary focus on safety. One aspect of this legislation is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments made by the Civil Aviation Safety Authority (CASA) in the interest of ensuring the continuing airworthiness of aircraft. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design and the State of Registry share responsibilities for the airworthiness of aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, and the Civil Aviation Safety Regulations 1998 allow CASA to issue ADs for specific kinds of aircraft or aeronautical products. ADs are crucial for maintaining airworthiness and ensuring compliance with international standards.
In line with international obligations and under the authority granted by the Civil Aviation Act 1988, CASA has the authority to issue and cancel ADs as circumstances dictate. For example, AD/SEATS/3, which affected Sicma passenger seats, was issued by CASA and subsequently cancelled on 25 September 2008 as the unsafe condition it was addressing no longer existed. The cancellation of this AD aligns with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required. The AD cancellation was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products as stipulated in regulation 39.001. These directives serve as a critical tool in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry is responsible for ensuring the airworthiness of individual aircraft, while the State of Design has overarching responsibility for the continuing airworthiness of aircraft types. ADs are the primary means through which necessary information for maintaining airworthiness is disseminated. The application of these regulations extends to all aircraft registered in Australia and are designed to align with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance. The issuance and cancellation of ADs, such as the recent cancellation of AD/SEATS/3 affecting Sicma passenger seats, are conducted without public consultation as they pertain to international obligations and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that are necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Section 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions include the State of Design being responsible for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. Meanwhile, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, acting under these regulations, issued an AD/SEATS/3 concerning Sicma passenger seats. However, after assessing the situation, CASA has cancelled this AD as the unsafe condition it was meant to address no longer exists. The cancellation is set to become effective on 25 September 2008, and no replacement AD is necessary.
Given that this AD has been cancelled due to Australia’s obligations under the Convention on International Civil Aviation, there has been no consultation with the Australian public regarding this cancellation. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement. The AD in question was 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.
In terms of consequences, failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various penalties and sanctions. The specific nature and severity of these penalties depend on the nature and extent of the breach. However, the Act does not detail specific penalties for non-compliance with ADs within the provided text. It is advisable to consult the full text of the Act and relevant regulations for comprehensive information on the penalties applicable to breaches.