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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/TB20/1 affecting SOCATA TB20 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 2 July 2009. No replacement AD is required.
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, Airframes 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 legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. One of the significant mechanisms introduced under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in the Civil Aviation Safety Regulations 1998. The ADs serve as critical tools for maintaining the continuing airworthiness of aircraft, in alignment with international standards set by the Convention on International Civil Aviation. The Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety, and this includes the authority for CASA to issue ADs under regulation 39.001. These directives are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The policy objective of these regulations is to ensure that aircraft meet safety standards and are maintained in a safe condition for operation.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures that the individual aircraft maintains its airworthiness. The ADs serve as a primary means of communication for continuing airworthiness information and are issued by most ICAO Contracting States, including Australia. The cancellation of AD/TB20/1 for SOCATA TB20 aircraft, effective 2 July 2009, was made by CASA in accordance with the Act, and no consultation or Regulatory Impact Statement was required due to Australia’s obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the regulation of civil aviation in Australia. Under section 98 of the Act, the Governor-General can make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. They are also subject to the provisions of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by these regulations include ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft was designed, has overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These obligations are derived from Annex 8 to the Convention on International Civil Aviation.
The ADs issued by CASA serve as a means for the State of Registry to comply with its obligations under international civil aviation conventions. Breaches of these obligations, or non-compliance with ADs, can result in significant consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is understood that failure to adhere to these directives can result in severe safety issues and legal repercussions. In the context of the Civil Aviation Act 1988 and associated regulations, breaches of airworthiness requirements can lead to administrative penalties, enforcement actions, and potential criminal charges depending on the severity and impact of the non-compliance. The maximum penalties for such breaches are not specified in the provided text but can include fines, imprisonment, or both, depending on the nature and extent of the offence.