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-600/29 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 Australian Parliament, governs the regulation of civil aviation and air navigation safety in Australia. The Act provides the legislative framework for the issuance of airworthiness directives (ADs) to ensure the safety and airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998, made under section 98 of the Act, empowers the Civil Aviation Safety Authority (CASA) to issue ADs. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively aim to enhance the safety of air navigation, ensuring that aircraft meet the necessary standards for operation.
In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, acting under the authority of the Act, issued an AD affecting Aerostar aircraft, but has since reviewed and cancelled this AD, effective from 4 June 2009. The cancellation aligns with Australia's obligations under the Convention and has been made by CASA without the need for public consultation or a Regulatory Impact Statement. This action is in line with the policy objective of maintaining and enhancing the safety standards of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These ADs pertain to specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. Such regulations apply to all entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers, within Australia's jurisdiction. The ADs serve as legislative instruments, which are disallowable under the Acts Interpretation Act 1901. These directives align with the obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the airworthiness of individual aircraft. Given the international nature of the aviation industry, these regulations also extend to the global community of ICAO Contracting States. The scope of the ADs is such that they are applied nationally, and any exclusions or exemptions would typically be detailed within the specific ADs themselves. Any modifications or extensions to these regulations are made through subordinate instruments, ensuring flexibility and adherence to international standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. This includes the ability to issue airworthiness directives (ADs) which are intended to maintain the safety standards of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue these directives. Moreover, subregulation 39.001(5) explicitly states that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to ensure the continuing airworthiness of aircraft within Australia. This is in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the airworthiness of an aircraft type, and the State of Registry must adopt requirements to ensure the safety of individual aircraft. CASA, acting under these international obligations, has the duty to issue directives and monitor compliance to maintain safety standards.
There are no specific offences, penalties, or consequences outlined in the document for the breach of these regulations. However, the serious nature of airworthiness directives implies that non-compliance could lead to severe repercussions, potentially including grounding of aircraft, fines, or other enforcement actions by CASA. The exact penalties would depend on the nature and severity of the non-compliance and would be determined under the broader framework of aviation law.