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-600/14 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, Systems and New Technologies 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 by the Commonwealth Parliament, aims to ensure the safety of air navigation and establish regulatory frameworks for civil aviation in Australia. In conjunction with this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide further detail and operational guidance, including provisions for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations in the interests of aviation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This legislative framework is designed to maintain and enhance the safety standards of aircraft within Australia, aligning with international obligations under the Convention on International Civil Aviation. The policy objective behind these regulations is to ensure that the continuing airworthiness of aircraft is effectively managed and communicated, thereby safeguarding public safety and compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring the safety of air navigation as per section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, serve as a crucial means of communicating continuing airworthiness information in line with the Convention on International Civil Aviation's Annex 8. The State of Design retains the primary responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry must implement measures to maintain the airworthiness of individual aircraft within its jurisdiction. CASA, acting on behalf of Australia, has the authority to issue such directives, as demonstrated in the case of AD/TSA-600/14 concerning Aerostar aircraft, which has since been cancelled effective 4 June 2009 due to Australia's commitments under the Convention on International Civil Aviation. This cancellation was executed without public consultation and deemed not to require a Regulatory Impact Statement by the Office of Best Practice Regulation. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to create regulations that promote the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. Notably, ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant for both CASA and the State of Registry of an aircraft. CASA, as the authority responsible for issuing ADs, must ensure that these directives comply with international standards and are made in the interest of air navigation safety. The State of Registry, on the other hand, is mandated under Annex 8 to develop or adopt requirements that ensure the continuing airworthiness of aircraft registered within its jurisdiction. This dual responsibility underscores the importance of coordination between CASA and the States of Registry to maintain high safety standards.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for failing to comply with ADs. However, non-compliance with ADs can lead to severe civil and criminal penalties under the Civil Aviation Act 1988, including fines and imprisonment. The exact penalties depend on the severity of the non-compliance and the specific provisions of the Act that are breached. For example, non-compliance with an AD can result in fines of up to $199,500 for individuals and $997,500 for bodies corporate, as well as imprisonment for up to five years.
Overall, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 play a crucial role in maintaining the safety of air navigation in Australia. The process of issuing, reviewing, and cancelling ADs is designed to ensure that all aircraft meet the necessary safety standards, thereby protecting both the public and the aviation industry.