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-600/42 Amdt 1 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 provide a comprehensive framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation. It empowers the Governor-General to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in implementing these regulations. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft. This regulatory approach aligns with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the overall continuing airworthiness of an aircraft type and the State of Registry for the continuing airworthiness of individual aircraft.
In line with its international obligations, CASA has reviewed and subsequently cancelled AD/TSA-600/42 Amdt 1 concerning Aerostar aircraft, effective from 4 June 2009. Given the nature of the AD cancellation as a response to international obligations, no public consultation was deemed necessary. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD cancellation was authorised under subsection 84A(2) of the Act by the Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, with the State of Design being responsible for providing necessary information to the States of Registry, which in turn implement measures to ensure compliance. In the instance of the AD/TSA-600/42 Amdt 1 concerning Aerostar aircraft, CASA has exercised its authority to cancel the directive, effective from 4 June 2009, due to Australia’s commitments under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was deemed necessary. The cancellation was made by the Manager, Airframe and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to establish regulations for air navigation safety, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are intended for specific types of aircraft or aeronautical products and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Furthermore, subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The Civil Aviation Safety Regulations 1998 place certain obligations on CASA when issuing ADs. These obligations include ensuring that the ADs align with the State of Design’s responsibility for continuing airworthiness as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry of individual aircraft must also adhere to the requirements set out in Annex 8 to ensure the aircraft’s continuing airworthiness. In this context, CASA, as the regulator, has issued and subsequently cancelled AD/TSA-600/42 Amdt 1 for Aerostar aircraft, effective 4 June 2009, without the need for a replacement AD. This cancellation was due to Australia’s obligations under the Convention on International Civil Aviation.
Offences or penalties specific to the issuance and compliance with ADs are generally governed by broader provisions within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Non-compliance with ADs can result in significant civil or criminal consequences, including fines and imprisonment, as outlined in the relevant sections of the Act. The exact penalties can vary based on the severity of the breach and the specific regulatory context, but they are designed to ensure high standards of aviation safety are maintained.
Given the legislative nature of ADs, failure to comply with an AD can lead to enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, or other regulatory penalties. The Civil Aviation Act 1988 and associated regulations provide a comprehensive framework for ensuring that ADs are followed, thereby maintaining the high safety standards required in civil aviation.