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/TSA-600/11 affecting Aerostar aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 4 June 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, 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 legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. In the context of maintaining airworthiness of aircraft, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in addressing safety issues and ensuring compliance with safety standards. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. CASA has the authority to issue and cancel ADs, reflecting its role in upholding these safety standards. The cancellation of AD/TSA-600/11 for Aerostar aircraft, due to Australia’s international obligations, demonstrates CASA’s commitment to maintaining the highest safety standards in compliance with global conventions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations for the Act's purposes, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft as required under Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case, CASA, is responsible for ensuring the airworthiness of individual aircraft. The cancellation of AD/TSA-600/11 affecting Aerostar aircraft, effective from 4 June 2009, was made by CASA in accordance with its obligations under the Convention and relevant Australian legislation. This cancellation did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the power to issue ADs for certain types of aircraft or aeronautical products. These directives are considered legislative instruments and are disallowable under section 46A of the Acts Interpretation Act 1901, as per subregulation 39.001(5). The ADs are a common method for ensuring the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations imposed by these regulations are primarily on CASA and the States of Registry of individual aircraft. CASA is responsible for issuing ADs that meet international standards and ensure the safety of air navigation. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. These obligations are in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for the continuing airworthiness of an aircraft type. This State must provide necessary information to ensure that aircraft can maintain their airworthiness.
In the specific case of AD/TSA-600/11 affecting Aerostar aircraft, CASA has reviewed and subsequently cancelled this directive. The cancellation is due to Australia's obligations under the Convention on International Civil Aviation and will become effective on 4 June 2009. No replacement AD is required for this cancellation. The AD was issued by the Manager, Airframe and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 do not require consultation with the Australian public for the cancellation of ADs, as determined by the Office of Best Practice Regulation. Additionally, ADs are not subject to a Regulatory Impact Statement. Any breach of these regulations could result in significant civil or criminal consequences, although specific penalties are not detailed in the provided text. The overarching aim of these provisions is to ensure the safety and airworthiness of aircraft in accordance with international standards.