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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/CESSNA 150/50 affecting Cessna 150 series aeroplanes. The United States FAA issued AD 2009-10-09 R1 on 27 October 2009 which supersedes the requirements of AD/CESSNA 150/50 and as such this AD has been cancelled. The United States is the state of design for these aeroplanes. The cancellation will become effective on 11 December 2009.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that support the Act's objectives, particularly those related to the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the regulatory mechanisms, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments designed to mandate requirements for the continuing airworthiness of aircraft types, aligning with international standards set by the Convention on International Civil Aviation. This legislative framework ensures that Australia's national airworthiness authority, CASA, can effectively manage and enforce airworthiness standards for aircraft registered in Australia, thereby maintaining high safety standards in alignment with global best practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act's purposes, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, typically the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of an aircraft type, with Annex 8 to the Convention on International Civil Aviation mandating that States of Design provide necessary information to States of Registry to ensure compliance with airworthiness standards. In Australia, CASA, as the national airworthiness authority, must review and, if necessary, issue ADs to align with those issued by the State of Design. This ensures that all aircraft registered in Australia meet the required safety standards. The jurisdictional scope of these regulations extends to all aircraft registered within Australia, making compliance mandatory for aircraft owners, operators, and maintenance providers operating within Australian airspace.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the purposes of the Act, including the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. ADs are a standard mechanism used by International Civil Aviation Organization (ICAO) Contracting States to ensure the continuing airworthiness of aircraft types.
The obligations imposed by the Act and the Regulations require CASA, as Australia’s national airworthiness authority, to assess any ADs issued by the State of Design against aircraft types on the Australian Register and, where appropriate, issue Australian ADs to mandate the necessary requirements. This process ensures that Australian aircraft comply with international standards for airworthiness. For example, when the United States Federal Aviation Administration (FAA) issued AD 2009-10-09 R1 on 27 October 2009, CASA assessed the information and, as the United States is the State of Design for Cessna 150 series aeroplanes, CASA issued an Australian AD to align with the FAA’s requirements. The AD/CESSNA 150/50 issued by CASA was subsequently cancelled as it was superseded by the FAA’s directive, with the cancellation taking effect on 11 December 2009.
Failure to comply with an AD can result in serious safety implications, and the Act and Regulations impose significant obligations on the parties governed by them. Aircraft operators and owners are required to adhere to the mandates set out in ADs, which may include modifications, inspections, and maintenance actions to ensure airworthiness. Non-compliance with an AD can lead to serious consequences, including potential criminal charges and civil penalties. Under the Civil Aviation Act 1988, a person who contravenes a direction in an AD can be subject to penalties, including fines and imprisonment. The maximum penalties for such offences depend on the severity of the breach and can be significant, reflecting the critical importance of maintaining airworthiness standards to ensure public safety in aviation.