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 180/22 affecting Cessna 180 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 3 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, 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 Australian Parliament, aims to regulate civil aviation activities within the country to ensure safety and efficiency. The Act provides the framework for the creation of regulations necessary for the governance of air navigation safety. In this context, the Civil Aviation Safety Regulations 1998 were established, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must adhere to the legislative process as outlined in the Legislative Instruments Act 2003. The objective of these regulations is to maintain and enforce the continuing airworthiness of aircraft, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO) as per Annex 8 of the Convention on International Civil Aviation. In light of Australia's commitments under this convention, CASA has the responsibility to assess and implement ADs issued by the aircraft's State of Design, ensuring that Australian-registered aircraft meet the necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. The issuance of such directives is governed by section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of air navigation safety. Additionally, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument. Geographically, the Act applies to all aircraft registered in Australia and affects entities such as aircraft manufacturers, operators, and maintenance providers within the Commonwealth jurisdiction. The ADs are intended to mandate safety requirements as outlined by the State of Design and adopted by CASA. In the case of AD/CESSNA 180/22, the AD affecting Cessna 180 aircraft was cancelled by CASA in compliance with Australia's obligations under the Convention on International Civil Aviation, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of this legislative instrument pertain to the issuance and cancellation of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Act empowers the Governor-General to make regulations concerning air navigation safety, and regulation 39.001 of the 1998 Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are classified as disallowable instruments under the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, the obligations on CASA and other relevant parties primarily revolve around ensuring the continuing airworthiness of aircraft. For example, when the State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements set out by the State of Design. Furthermore, the State of Registry for individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of those aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
There are no direct offences, penalties, or civil/criminal consequences outlined in the text for breach of these provisions. However, failure to comply with ADs could potentially lead to safety issues that might result in regulatory action against the aircraft operator or other entities. The Civil Aviation Safety Regulations 1998, not detailed here, likely contain specific provisions regarding enforcement and penalties for non-compliance with ADs. The text does indicate that the cancellation of the AD in question was due to Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this specific cancellation. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.