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/CESSNA 150/15 amendment 1 affecting Cessna 150 and 152 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 31 July 2008. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety, efficiency and orderly development of aviation in the country. One of the mechanisms established by this Act is the ability for the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, for the purposes of the Act and to promote the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. ADs are legislative instruments, and their issuance reflects Australia’s commitment to international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The Act thus addresses the need for a robust regulatory framework to manage and oversee the safety and airworthiness of aircraft operating within Australian airspace, aligning national practices with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by F2008L02536, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives apply to specific kinds of aircraft or aeronautical products and are intended to ensure the safety of air navigation, consistent with the overarching objectives of the Civil Aviation Act 1988. The issuance of ADs is underpinned by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in maintaining the airworthiness of aircraft. The ADs serve as the primary mechanism through which these responsibilities are communicated and enforced. This particular legislative instrument pertains to the cancellation of AD/CESSNA 150/15 amendment 1 for Cessna 150 and 152 model aircraft, which CASA has decided to revoke effective from 31 July 2008. This decision aligns with Australia's commitments under the Convention on International Civil Aviation, thereby obviating the need for public consultation or a Regulatory Impact Statement. The AD cancellation reflects CASA’s role in ensuring compliance with international aviation safety standards, as well as its obligation to maintain the safety and airworthiness of aircraft within Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations that are in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are the standard form of continuing airworthiness information and are issued by most ICAO Contracting States, including Australia. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry. The State of Registry is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this.
The obligations under this legislation require CASA to issue ADs that ensure the safety of aircraft and aeronautical products. CASA is responsible for reviewing and, if necessary, cancelling ADs, as was the case with AD/CESSNA 150/15 amendment 1 affecting Cessna 150 and 152 model aircraft. Given Australia's obligations under the Convention on International Civil Aviation, no public consultation was necessary for the cancellation of this AD. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The Manager, Airframes in the Airworthiness Engineering Branch, issued the cancellation on behalf of CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, generally, the Act provides for penalties for non-compliance with regulations. The severity of penalties can include fines and imprisonment, depending on the nature and extent of the breach. For example, under section 95 of the Civil Aviation Act 1988, a person who contravenes certain regulations can be fined up to $22,200 for a corporation and $4,400 for an individual, or both, for each offence. More severe breaches could lead to higher penalties, including imprisonment for up to five years for individuals and greater fines for corporations. These penalties underscore the importance of adhering to the ADs and other regulatory requirements to ensure the safety of air navigation.