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-600/44 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 Parliament of Australia, seeks to ensure the safety of air navigation and to provide for the regulation of civil aviation matters within Australia. This legislation enables the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which in turn empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety and airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The policy objective of these ADs is to align with Australia's international obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with the responsibility for ensuring the continuing airworthiness of aircraft types. CASA has the authority to cancel ADs, as evidenced by the cancellation of AD/TSA-600/44 for Aerostar aircraft, which will take effect on 4 June 2009, without the need for public consultation or a Regulatory Impact Statement. This cancellation aligns with Australia's commitment to international aviation standards and the continuing airworthiness responsibilities of the State of Registry.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation through regulatory oversight. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, thereby establishing requirements that ensure the continuing airworthiness of these aircraft. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003, and they play a crucial role in maintaining safety standards in line with international obligations, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is represented by CASA, is responsible for ensuring that each aircraft complies with these regulations and that any ADs issued are enforced. This legislation applies to all entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers within Australia’s jurisdiction, extending its reach to all aircraft registered in Australia. The ADs themselves are subject to the State of Design's responsibilities for providing necessary information to States of Registry, thus fostering a collaborative international approach to aviation safety.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to issue regulations for air navigation safety (section 98) and empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products (regulation 39.001). These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998). The State of Design, under Annex 8 of the Convention on International Civil Aviation, retains responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the aircraft's continuing airworthiness in accordance with Annex 8.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are substantial. CASA, as the regulatory authority, must ensure that ADs are issued to maintain or restore airworthiness standards. The State of Design must provide necessary information to the State of Registry to ensure continuing airworthiness. Meanwhile, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft under its jurisdiction. These obligations ensure that the safety standards set forth in international conventions are adhered to and that aircraft remain airworthy throughout their operational life.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Failure to comply with ADs can result in civil or criminal penalties, depending on the severity and intent of the breach. The Civil Aviation Act 1988 allows for penalties up to a maximum of $1.65 million for corporations and $330,000 for individuals, as well as imprisonment for up to five years for serious breaches. Additionally, CASA has the authority to take enforcement actions such as grounding non-compliant aircraft, issuing fines, and pursuing legal action against entities that fail to comply with airworthiness directives.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for ensuring the safety and airworthiness of aircraft through the issuance of ADs by CASA. These regulations impose clear obligations on both the State of Design and the State of Registry to maintain safety standards. Non-compliance can result in severe civil and criminal penalties, reinforcing the importance of adhering to these regulations to protect public safety.