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 150/18 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 the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. One of its key provisions allows the Governor-General to make regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the regulatory processes, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments designed to ensure the continuing airworthiness of aircraft, aligning with Australia's commitments under the Convention on International Civil Aviation. CASA has the authority to issue, review, and cancel ADs based on safety considerations and international obligations, as evidenced by the recent cancellation of AD/CESSNA 150/18 amendment 1, which was deemed unnecessary due to Australia's adherence to international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The issuance of ADs is integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. In the case of Australia, CASA, acting under the authority conferred by the Civil Aviation Act 1988, has the responsibility to issue and manage these directives to ensure compliance with national and international aviation safety standards. The specific AD/CESSNA 150/18 amendment 1, which affected Cessna 150 and 152 model aircraft, has been cancelled by CASA due to Australia’s obligations under the Convention on International Civil Aviation, with the cancellation taking effect from 31 July 2008. The cancellation process was conducted in accordance with the legislative requirements and did not require consultation with the Australian public or a Regulatory Impact Statement.
Key Provisions
The key operative sections of this legislation are section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations in the interests of the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. An AD, as stated in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this legislation on the parties and entities it governs include the State of Design’s responsibility for the continuing airworthiness of an aircraft type and the State of Registry’s responsibility for the continuing airworthiness of an individual aircraft. These responsibilities are outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that States of Design provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. CASA, as the authority responsible for issuing ADs in Australia, must ensure that these directives comply with international standards and obligations.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. The specific offences, penalties, or consequences for breach are not detailed in the provided text. However, under Australian law, breaches of safety regulations can lead to substantial penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined by the relevant courts and could vary based on the circumstances of each case.
In this particular instance, CASA has cancelled AD/CESSNA 150/18 amendment 1, which affected Cessna 150 and 152 model aircraft. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation, and it will become effective on 31 July 2008. The cancellation does not require consultation with the Australian public as it is based on international obligations, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.