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-600/7 Amdt 16 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 Australian Parliament, was introduced to regulate and ensure the safety of air navigation within Australia. The Act empowers the Governor-General to create regulations that promote the safety of air navigation, as stated under section 98. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments under the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, as mandated by Annex 8 of the Convention on International Civil Aviation. This legislative framework ensures that both the State of Design and the State of Registry have defined roles and responsibilities in maintaining aircraft safety. The cancellation of a specific airworthiness directive affecting Aerostar aircraft, issued by CASA, illustrates the Authority's commitment to fulfilling international obligations and ensuring the safety of Australian airspace.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, facilitates the regulation of airworthiness directives (ADs) to ensure the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs are legislative instruments, as defined under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This regulatory mechanism applies to all aircraft registered in Australia and is aligned with international standards set forth by the International Civil Aviation Organization (ICAO), particularly under Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, bears the responsibility for the continuing airworthiness of aircraft registered within its jurisdiction, while the State of Design must provide necessary information to support this responsibility. The ADs issued by CASA aim to enforce compliance with safety standards and ensure the airworthiness of aircraft, thereby protecting public safety and upholding international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legislative framework within which the Civil Aviation Safety Regulations 1998 operate. Specifically, section 98 of the Civil Aviation Act 1988 (s98) empowers the Governor-General to make regulations necessary for the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 39.001) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and therefore constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that ultimately lies with the State of Registry, which must develop or adopt appropriate requirements as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions are significant for both CASA and the State of Registry. CASA must ensure that ADs are issued in accordance with CASR 39.001, reflecting their role in maintaining and ensuring the safety of air navigation. The State of Registry, on the other hand, has the responsibility of ensuring that individual aircraft remain airworthy, which includes complying with any ADs that may be issued. The State of Registry must also work in conjunction with the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. This cooperation is critical for maintaining the safety and integrity of aircraft operations across international borders.
Breaching the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can have serious consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is generally understood that violations of aviation safety regulations can result in substantial fines, imprisonment, or both, depending on the severity of the breach. For example, failing to comply with an AD could lead to the grounding of an aircraft or even criminal charges if the breach results in an accident. The text also notes that because the AD in question was cancelled due to obligations under the Convention on International Civil Aviation, there was no need for public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for ensuring the safety of air navigation through the issuance of ADs. These regulations impose significant obligations on CASA and the State of Registry, with serious penalties for non-compliance. The text indicates that the AD affecting Aerostar aircraft has been cancelled, with no replacement necessary, and that this decision was made in line with international obligations and domestic legislative processes.