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/7 Amendment 1 affecting Breeze hoist P/No. BL-16600. CASA has assessed this AD and as a result has cancelled Australian AD/SUPP/7 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 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, allows 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 are issued in compliance with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has the primary responsibility for the continuing airworthiness of aircraft types. CASA, acting as Australia's national airworthiness authority, assesses information from the State of Design and, when necessary, issues Australian ADs to enforce the required safety measures. The text provided outlines CASA's assessment and subsequent cancellation of an AD concerning a particular aircraft hoist, due to the resolution of the unsafe condition that originally prompted its issuance.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under this legislative umbrella, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aligning with both domestic and international safety standards. These ADs serve as crucial instruments for maintaining the continuing airworthiness of aircraft, ensuring they meet the necessary safety standards. The ADs are considered legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs by CASA is influenced by the responsibilities of the State of Design and State of Registry under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide essential information to ensure airworthiness, while the State of Registry must enforce these standards. The AD in question, originally issued as AD/SUPP/7 Amendment 1 affecting Breeze hoist P/No. BL-16600, has been cancelled by CASA due to the resolution of the identified unsafe condition, and this cancellation reflects Australia's commitment to international safety obligations. The legislative process behind the cancellation of this AD does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as outlined in the explanatory statement, revolve around the issuance and cancellation of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows CASA to issue ADs for types of aircraft or aeronautical products. Specifically, subregulation 39.001(5) establishes that an AD is a disallowable instrument and a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively.
The obligations imposed by the Act and the Regulations primarily pertain to ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the type of aircraft, must provide necessary information to maintain airworthiness, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, where the aircraft is registered, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements. In the case of AD/SUPP/7 Amendment 1 for the Breeze hoist P/No. BL-16600, CASA assessed and subsequently cancelled the AD as the unsafe condition no longer existed.
Regarding the consequences of non-compliance or breach of the regulations, the explanatory statement indicates that there are no specific offences, penalties, or civil/criminal consequences mentioned for the issuance or cancellation of ADs in the provided text. However, it is implied that failure to adhere to ADs could lead to safety violations and potential regulatory action by CASA. The statement also clarifies that, due to Australia’s obligations under the Convention on International Civil Aviation, there was no requirement for public consultation or a Regulatory Impact Statement for the cancellation of the AD. The AD 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.