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/WINJEEL/1 Amdt 1 affecting Commonwealth Aircraft Corporation CA25 Winjeel aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 27 August 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for the regulation of civil aviation within Australia, focusing on safety, efficiency, and economic growth. The Act allows the Governor-General to make regulations necessary for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing the procedures for such regulations. One such procedure, under regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as legislative instruments, are integral to ensuring the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The State of Registry of an aircraft bears the responsibility for its ongoing airworthiness, and CASA, as the authority overseeing compliance with these regulations, has the power to issue, review, and cancel ADs as necessary. The cancellation of a specific AD, such as AD/WINJEEL/1 Amdt 1, reflects Australia's commitment to international obligations and the continuous improvement of aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations empower CASA to issue airworthiness directives for specific types of aircraft or aeronautical products, which are integral to maintaining the continuing airworthiness of aircraft. Notably, these directives are considered disallowable instruments under the Acts Interpretation Act 1901 and are classified as legislative instruments according to the Legislative Instruments Act 2003. The application of these directives is governed by the State of Design, which holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which is tasked with ensuring the airworthiness of individual aircraft. In the context of Australian obligations under the Convention on International Civil Aviation, CASA has the authority to issue, review, and cancel airworthiness directives, such as the recent cancellation of AD/WINJEEL/1 Amdt 1 for Commonwealth Aircraft Corporation CA25 Winjeel aircraft, effective from 27 August 2009. This action was taken without public consultation and does not require a Regulatory Impact Statement, reflecting CASA's adherence to international obligations and internal regulatory processes.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's purpose and ensure the safety of air navigation. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) states that an AD is a disallowable instrument, and under the Acts Interpretation Act 1901, it is considered a legislative instrument. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. The State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as outlined in Annex 8.
Under these regulations, CASA issued an AD/WINJEEL/1 Amdt 1 affecting the Commonwealth Aircraft Corporation CA25 Winjeel aircraft. However, CASA has since reviewed and cancelled this AD, effective from 27 August 2009, with no replacement AD required. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and thus did not require public consultation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by these regulations require CASA to issue ADs to ensure the continuing airworthiness of aircraft. The State of Registry is responsible for the ongoing airworthiness of individual aircraft, while the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA must review and, if necessary, cancel ADs to comply with international obligations. The process of issuing, reviewing, and cancelling ADs ensures the safety of air navigation and the continued airworthiness of aircraft within Australia.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil or criminal consequences. The specific offences and penalties are not detailed in the text, but it is reasonable to assume that non-compliance could result in enforcement actions by CASA, fines, or other penalties as prescribed by relevant legislation. CASA has the authority to take action against entities that fail to adhere to airworthiness directives, ensuring the safety and integrity of Australia's aviation industry.