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-600/9 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 establish a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations that support the objectives of the Act and ensure the safety of air navigation. One significant aspect of this legislation is the authority granted to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that serve as a critical mechanism for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The problem the Act and subsequent regulations address is the need for a robust and internationally compliant framework to ensure that aircraft and aeronautical products in Australia maintain their airworthiness throughout their operational life. The policy objective of the Act is to safeguard public safety by setting stringent standards and oversight mechanisms for civil aviation activities within Australia.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901. These ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design providing necessary information and the State of Registry ensuring compliance with airworthiness requirements. CASA has the authority to issue, review, and cancel ADs, such as AD/TSA-600/9, which was recently cancelled due to obligations under the Convention. This cancellation does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD cancellation process is managed 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.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, which includes the issuance of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General can make regulations to promote safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The ADs are a mechanism for continuing airworthiness, aligning with the requirements set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for providing necessary information for the airworthiness of aircraft types.
The obligations imposed by these regulations are substantial. The State of Design must ensure the continuing airworthiness of aircraft types and supply necessary information to the States of Registry, who are then responsible for maintaining the airworthiness of individual aircraft. This includes developing or adopting requirements to ensure the safety and compliance of aircraft within their jurisdiction. CASA, acting on behalf of the Australian Government, has the authority to issue ADs and ensure compliance with these safety standards. The AD/TSA-600/9 affecting Aerostar aircraft, issued by CASA, was reviewed and subsequently cancelled, demonstrating the regulatory body's role in maintaining and adjusting airworthiness directives based on evolving safety requirements.
Failure to comply with ADs can result in significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail penalties for non-compliance with ADs, but non-compliance can lead to severe civil and criminal liabilities under other sections of the Act. For instance, sections 49 and 50 of the Act provide for imprisonment and fines for various offences related to air navigation safety. Given the critical nature of airworthiness, any breach can result in severe penalties, reflecting the high priority placed on maintaining safety standards in aviation.
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 and enforcement of airworthiness directives. These regulations impose significant obligations on both the States of Design and Registry, with CASA playing a pivotal role in issuing and managing these directives. Non-compliance with these directives can lead to severe civil and criminal penalties, underscoring the importance of adhering to established safety standards.