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-600/15 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 is pivotal in regulating aviation safety in Australia, providing a legislative framework for the management of civil aviation within the country. Enacted by the Australian Parliament, this Act addresses the need for comprehensive safety measures in civil aviation, ensuring that all aspects of air navigation and aircraft operations are conducted with the utmost regard for public safety. Under the authority granted by section 98 of the Act, the Governor-General can make regulations that serve to maintain and enhance the safety of air navigation, delegating certain regulatory powers to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail these powers, including the issuance of airworthiness directives (ADs) under regulation 39.001, which are critical for ensuring that aircraft and aeronautical products remain in a safe condition throughout their operational lives. The ADs, which are legislative instruments, are issued in line with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design's responsibility for the continuing airworthiness of an aircraft type. The policy objective is to harmonise Australian aviation safety standards with international practices, thereby ensuring a high level of safety and uniformity in the global aviation industry.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all aircraft and aeronautical products within Australia, establishing the framework within which the Civil Aviation Safety Authority (CASA) operates. Under these regulations, CASA is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility that falls upon the State of Registry under Annex 8 of the Convention on International Civil Aviation. The ADs serve as a common form of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States. This legislation, therefore, extends to all entities and individuals involved in the registration, operation, and maintenance of aircraft within Australia, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to airworthiness directives (ADs) are section 98 and regulation 39.001 respectively (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, reg 39.001). Section 98 allows the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a legislative instrument subject to disallowance (Acts Interpretation Act 1901, s 46A; Legislative Instruments Act 2003, s 6). These provisions collectively ensure that ADs are formal and enforceable mechanisms for maintaining aircraft safety.
The obligations imposed by these provisions are primarily on CASA. Under regulation 39.001, CASA must issue ADs to ensure the continuing airworthiness of aircraft. CASA must also comply with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information for airworthiness. The State of Registry, which is typically Australia for registered aircraft, must develop or adopt requirements to ensure airworthiness. These obligations ensure that both the State of Design and the State of Registry have specific roles and responsibilities in maintaining aircraft safety.
Breaches of the provisions related to ADs can lead to significant consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail offences or penalties for failing to comply with ADs, non-compliance can result in severe civil or criminal penalties. The severity of these penalties can vary, but they may include substantial fines or imprisonment for serious breaches that endanger safety. CASA enforces compliance, and failure to adhere to ADs can result in enforcement actions that may lead to these penalties.
In this specific case, CASA issued and subsequently cancelled AD/TSA-600/15 for Aerostar aircraft. The cancellation was due to Australia’s obligations under the Convention on International Civil Aviation, and no public consultation was required. The Office of Best Practice Regulation has determined that ADs do not need a Regulatory Impact Statement. The AD was cancelled on behalf of CASA by the Manager, Airframe and Structures in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. This cancellation signifies that no further action is required under this AD, and no replacement AD is necessary.