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-600/5 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 was enacted to provide a legal framework for ensuring the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of the Act is to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its obligations under the Convention on International Civil Aviation. This legislative framework facilitates the maintenance of airworthiness standards and safety protocols within the Australian aviation sector.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to all aircraft and aeronautical products within Australia, thereby encompassing all aircraft registered in the country, as well as their owners, operators, and manufacturers. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they are integral to maintaining the continuing airworthiness of aircraft types as per the obligations under the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring the compliance of these aircraft with airworthiness standards. The issuance and cancellation of ADs, such as AD/TSA-600/5 affecting Aerostar aircraft, are actions taken by CASA in alignment with international obligations and national safety standards, without the need for public consultation or a Regulatory Impact Statement. This legislative framework ensures that the safety and airworthiness of aircraft are maintained to a globally recognised standard.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Governor-General to establish regulations for air navigation safety, with particular reference to section 98 (1). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, rendering it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily directed at ensuring the safety and airworthiness of aircraft. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, is tasked with the overarching responsibility for maintaining the continuing airworthiness of an aircraft type. This includes providing necessary information to the appropriate States of Registry. The State of Registry, in turn, is mandated to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, acting on behalf of the Australian government, issues ADs to enforce these responsibilities and to maintain compliance with international standards.
In terms of enforcement and compliance, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set forth several measures. The State of Registry must adhere to the ADs issued by CASA to ensure the continuing airworthiness of aircraft. Failure to comply with an AD could result in severe consequences, including potential grounding of the aircraft, fines, or other legal actions. The Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs, but non-compliance with airworthiness requirements generally can lead to substantial civil and criminal penalties under other sections of the Civil Aviation Act 1988. CASA has the authority to take enforcement actions, including imposing fines and other sanctions, to ensure adherence to the issued directives.
In this specific case, CASA issued an AD/TSA-600/5 affecting Aerostar aircraft, which has since been cancelled. The cancellation, effective from 4 June 2009, was due to Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD is required. This cancellation was made without public consultation as it aligns with international regulatory obligations, and no Regulatory Impact Statement was deemed necessary. The AD was issued 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.