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 180/34 affecting Cessna 180 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 180/34. The cancellation will become effective on 5 June 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 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 was enacted to establish a legislative framework for the safety, efficiency, and orderly development of civil aviation in Australia, addressing the need for comprehensive regulation in this sector. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 providing specific details on the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and legislative oversight through the Legislative Instruments Act 2003. The Civil Aviation Act 1988 also aligns Australia with international standards by recognising the State of Design's responsibility for the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA's role is to ensure that Australian aircraft meet these international safety standards by issuing or cancelling airworthiness directives as appropriate.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products in order to ensure the safety of air navigation. These directives are legislative instruments, subject to disallowance and oversight as stipulated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and requires the provision of necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs for aircraft registered in Australia. The AD/CESSNA 180/34, which affected Cessna 180 aircraft, is an example of such a directive that CASA assessed, ultimately leading to its cancellation due to the resolution of the unsafe condition, without the need for public consultation or a Regulatory Impact Statement. The cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the provisions of the Civil Aviation Act.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations, including those concerning the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is considered a legislative instrument under the Legislative Instruments Act 2003.
Airworthiness directives play a crucial role in ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the ongoing airworthiness of an aircraft type, and must provide necessary information to the States of Registry. This includes issuing ADs, which are the most common form of continuing airworthiness information. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has the authority to issue and cancel ADs. For example, CASA issued AD/CESSNA 180/34 for Cessna 180 aircraft, but subsequently cancelled this AD after assessing that the unsafe condition it addressed no longer existed. This cancellation took effect on 5 June 2008, and no replacement AD was required. Since the cancellation was due to Australia’s obligations under the Convention on International Civil Aviation, there was no need for public consultation or a Regulatory Impact Statement.
The ADs are made by authorised individuals within CASA, such as the Manager of Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with section 84A(2) of the Act. These regulations and directives are essential to maintain the safety standards of air navigation in Australia. Failure to comply with these requirements can lead to serious consequences, including civil or criminal penalties.