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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 150/16 Amendment 1 affecting Cessna 150 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 150/16 Amendment 1. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, which are then implemented by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under the Act, empower CASA to issue ADs for types of aircraft and aeronautical products. These ADs, as legislative instruments, are subject to disallowance and must align with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types. The policy objective is to uphold the highest safety standards in Australian civil aviation, ensuring compliance with both national regulations and international obligations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby imposing obligations on relevant entities and individuals within the aviation industry. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which means they are subject to disallowance and must be registered. The ADs are intended to ensure the continuing airworthiness of aircraft and align with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibility for airworthiness to the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue corresponding ADs to ensure compliance with international safety standards. The issuance and cancellation of ADs, such as the recent cancellation of AD/CESSNA 150/16 Amendment 1, are governed by CASA’s assessment of safety requirements and do not require public consultation or a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, ensuring they meet the regulatory obligations outlined in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through sections such as 98, empowers the Governor-General to enact regulations ensuring the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These ADs are vital for maintaining the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties such as CASA, aircraft manufacturers, and aircraft operators include ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the aircraft type's airworthiness, must provide necessary information to the States of Registry. For Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue corresponding ADs to enforce the design state's requirements. Operators of affected aircraft must comply with these ADs to ensure safety and regulatory adherence.
Under these regulations, any failure to comply with ADs can lead to significant consequences. Such non-compliance could result in civil penalties, including fines, as well as potential criminal charges in cases of severe negligence or deliberate disregard for safety. The maximum penalties can vary depending on the severity of the breach and the specific provisions of the Civil Aviation Act 1988. In the instance of the AD/CESSNA 150/16 Amendment 1, CASA has cancelled the directive due to the resolution of the unsafe condition, without requiring further consultation or a Regulatory Impact Statement, and this cancellation is effective from 14 February 2008.