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-600/18 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 establish a legal framework for the regulation of civil aviation in Australia, ensuring safety, efficiency, and sustainability in the aviation industry. In line with this, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed safety standards and procedures under the Act, with a focus on the continuing airworthiness of aircraft. One of the key tools under these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). An AD is a legislative instrument designed to ensure that aircraft remain in a condition that is safe for operation. The Act and Regulations were established by the Australian Parliament to address the need for stringent safety measures in civil aviation, reflecting Australia's obligations under international aviation conventions, particularly the Convention on International Civil Aviation. The policy objective is to maintain the highest standards of aviation safety, thereby protecting the public and ensuring the safe operation of aircraft within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 provides the framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 detailing specific requirements and procedures to ensure safety. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure their continuing airworthiness. These ADs are legislative instruments, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs align with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in maintaining the airworthiness of aircraft. CASA, acting on behalf of the State of Registry for Australian-registered aircraft, issues these directives to address safety concerns and ensure compliance with safety regulations. The geographic reach of this legislation is national, with CASA applying the directives to all aircraft registered in Australia. Notably, the cancellation of AD/TSA-600/18 affecting Aerostar aircraft was made in accordance with Australia's international obligations, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, with a focus on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on CASA and other entities are substantial. CASA, as the regulator, has the responsibility to issue ADs to ensure the continuing airworthiness of aircraft types within Australia. These ADs must be consistent with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design and the State of Registry. CASA must develop or adopt requirements to ensure that aircraft remain airworthy, following international standards and practices.
There are significant consequences for non-compliance with ADs. While the text does not explicitly detail offences, penalties, or civil/criminal consequences for breaching ADs, such non-compliance can result in severe repercussions under aviation law. The failure to adhere to ADs could lead to aircraft being grounded, which in turn could result in substantial financial penalties, criminal charges, or both. Such breaches can also affect the reputation and operational capabilities of airlines and other entities involved in the aviation industry.
It is important to note that the cancellation of an AD, as in the case of AD/TSA-600/18 affecting Aerostar aircraft, is a significant regulatory action. The cancellation, effective from 4 June 2009, reflects Australia's commitment to international aviation standards and may be due to changes in the aircraft's design or other factors deemed necessary for safety. Given that this cancellation was made in line with Australia’s obligations under the Convention on International Civil Aviation, no public consultation was required, and no Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation.