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 150/6 affecting Cessna 150 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 legal framework for civil aviation in Australia, ensuring safety, efficiency, and protection of the public. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) as per section 98. In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products under regulation 39.001. These directives are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with Australia’s commitments under the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for maintaining airworthiness. CASA has the authority to issue, review, and cancel ADs, as demonstrated in the cancellation of AD/CESSNA 150/6, which will take effect on 31 July 2008 without requiring a replacement directive. This action reflects the international standards and domestic regulatory obligations that guide CASA's operations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. The Act allows the Governor-General to make regulations in the interests of safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and oversight as per the Legislative Instruments Act 2003. The ADs are aligned with international standards under Annex 8 of the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. In this context, CASA has issued and subsequently cancelled AD/CESSNA 150/6 concerning Cessna 150 model aircraft, effective from 31 July 2008, reflecting Australia's adherence to international obligations without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore as legislative instruments according to section 6 of the Legislative Instruments Act 2003. ADs are an essential part of ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation, which places the responsibility of airworthiness on the State of Design and requires them to provide necessary information to States of Registry.
Under the Civil Aviation Safety Regulations 1998, CASA is tasked with ensuring the continuing airworthiness of aircraft in Australia. This involves developing or adopting specific requirements for aircraft to maintain their airworthiness, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in this context would be Australia, holds the responsibility of ensuring that individual aircraft remain airworthy. This includes issuing and complying with ADs, which serve as a key tool in maintaining airworthiness standards. CASA has issued, reviewed, and subsequently cancelled AD/CESSNA 150/6 for Cessna 150 model aircraft, with the cancellation set to take effect on 31 July 2008. This cancellation was made due to Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as ADs are not considered to necessitate these processes according to the Office of Best Practice Regulation.
The cancellation of AD/CESSNA 150/6 was authorised under subsection 84A(2) of the Civil Aviation Act 1988 and was carried out by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA. While ADs are a critical part of ensuring the safety and airworthiness of aircraft, they are not without potential consequences for non-compliance. Failure to adhere to ADs can result in significant civil and criminal penalties, including fines and imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the AD in question. CASA has the authority to enforce compliance and take action against entities or individuals found to be in breach of ADs, ensuring that airworthiness standards are maintained and safety is prioritised in Australian aviation.