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-600/37 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, enacted by the Commonwealth Parliament, governs matters related to the safety and regulation of civil aviation in Australia. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments to ensure that aircraft and aeronautical products maintain their airworthiness, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. In this context, CASA has the responsibility to issue and manage ADs, which are integral for the continuing airworthiness of aircraft types. Recently, CASA has reviewed and cancelled an existing AD affecting Aerostar aircraft, effective from 4 June 2009, due to Australia’s obligations under the Convention, and no replacement AD is required as a result. The cancellation was made without public consultation, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in ensuring compliance. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, aim to maintain the continuing airworthiness of aircraft in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry must implement measures to ensure airworthiness. In this context, CASA has issued, reviewed, and subsequently cancelled AD/TSA-600/37 concerning Aerostar aircraft, with the cancellation effective from 4 June 2009. This action was taken in alignment with Australia’s obligations under the Convention, thereby negating the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, with these directives serving as legislative instruments according to the Legislative Instruments Act 2003 (sections 6 and 46A of the Acts Interpretation Act 1901). These ADs are essential tools in maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry under Annex 8 of the Convention on International Civil Aviation.
In this context, CASA has the authority to issue these directives to ensure compliance with safety standards. However, the specific AD/TSA-600/37, which had been issued for Aerostar aircraft, has been reviewed and subsequently cancelled by CASA, effective 4 June 2009. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD is deemed necessary. Due to the nature of this AD cancellation, no public consultation was undertaken, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required.
The obligations imposed by these regulations are clear: CASA, as the regulatory body, must issue and manage ADs to ensure the continuing airworthiness of aircraft within Australia. The State of Registry must develop or adopt requirements that ensure aircraft remain airworthy, aligning with international standards. Furthermore, the State of Design has the responsibility to provide necessary information to ensure the airworthiness of aircraft types, fostering a cooperative international approach to aviation safety.
Failing to comply with these obligations can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, it is understood that violations of ADs can lead to significant fines or even imprisonment. The exact penalties would depend on the severity of the breach and the discretion of the court, but they underscore the importance of adhering to these safety regulations.