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/SUPP/2 Amendment 1 affecting Breeze Hoists. CASA has assessed this AD and as a result has cancelled Australian AD/SUPP/2 Amendment 1. The cancellation will become effective on 9 April 2009. 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 to ensure the safety of air navigation, provides the legislative framework for the regulation of civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations, and in particular, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for ensuring the continuing airworthiness of aircraft as per the requirements set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the airworthiness of an aircraft type. CASA, as the national airworthiness authority, assesses and issues Australian ADs based on the information provided by the State of Design to maintain safety standards. In accordance with the legislative framework, CASA cancelled the AD/SUPP/2 Amendment 1 concerning Breeze Hoists due to the resolution of the unsafe condition, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance and management of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. This legislation applies to all aircraft and aeronautical products registered in Australia, and mandates CASA to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of these entities. The ADs are issued in accordance with 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 aircraft types and requires States of Registry to adopt requirements to ensure the same. The application of this Act extends nationally, and its regulations are designed to align with international standards to ensure safety and uniformity in air navigation. While the Act covers all aircraft and aeronautical products registered in Australia, specific exclusions or exemptions are not outlined within the provided text, and any such details would be subject to the broader regulatory framework or subordinate instruments issued under the Act.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, allows the Governor-General to create regulations that enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The AD in question, AD/SUPP/2 Amendment 1, which affected Breeze Hoists, was issued by CASA and subsequently cancelled on 9 April 2009.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the State of Registry. The State of Registry, in this case CASA, must assess any ADs issued by the State of Design and determine if they should be adopted or adapted as Australian ADs. The cancellation of AD/SUPP/2 Amendment 1 reflects CASA's assessment that the unsafe condition no longer exists, hence no further action was required.
Offences under the Civil Aviation Act 1988 can lead to significant consequences. Violating ADs can result in severe penalties, including fines and imprisonment. The maximum penalties can vary depending on the severity of the breach, but they are designed to ensure compliance with safety regulations. The AD cancellation, being a procedural measure, does not directly result in criminal or civil penalties but highlights the importance of adhering to airworthiness directives to maintain safety standards.
Given the nature of ADs as legislative instruments, their issuance and cancellation are governed by stringent regulatory processes. The cancellation of AD/SUPP/2 Amendment 1 was executed in accordance with subsection 84A(2) of the Act, ensuring that CASA's actions are legally sound and consistent with international obligations under the Convention on International Civil Aviation. This process underscores the importance of adhering to international standards and domestic regulations to ensure the safety and airworthiness of aircraft within Australia.