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 180/48 Amendment 1 affecting Cessna 180 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 180/48 Amendment 1. 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, enacted to ensure the safety of air navigation, allows the Governor-General to make regulations for the purposes of the Act. Pursuant to this, the Civil Aviation Safety Regulations 1998 enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This authority is exercised under regulation 39.001, with subregulation 39.001(5) stipulating that ADs are disallowable instruments, thus classified as legislative instruments under the Legislative Instruments Act 2003. The ADs serve to mandate safety requirements for aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and requires States of Registry to ensure the safety of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce these requirements. The recent cancellation of AD/CESSNA 180/48 Amendment 1 exemplifies this process, reflecting Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Act, the Governor-General has the power to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, must implement the ADs issued by the State of Design to mandate safety requirements. In the specific case of AD/CESSNA 180/48 Amendment 1, CASA has assessed the need for the directive and subsequently cancelled it, effective from 5 June 2008, as the unsafe condition it addressed no longer exists. This cancellation process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (the Act) empowers the Governor-General to create regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) (s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products. Notably, an AD is considered a disallowable instrument under the Acts Interpretation Act 1901 (s 46A) and is classified as a legislative instrument under the Legislative Instruments Act 2003 (s 6).
These ADs serve as a mechanism for states to maintain the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design—the country where an aircraft type is designed—has the overarching responsibility for ensuring the continuing airworthiness of that aircraft type. This responsibility includes providing necessary information to States of Registry, which are the countries where individual aircraft are registered. Consequently, CASA, as Australia’s national airworthiness authority, is obligated to assess ADs issued by the State of Design and, if necessary, issue Australian ADs to enforce the requirements specified by the State of Design.
In a specific instance, CASA issued AD/CESSNA 180/48 Amendment 1 for Cessna 180 aircraft, which has since been cancelled. The cancellation is effective from 5 June 2008 and is due to the unsafe condition no longer existing. As the cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was issued by the Manager of Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with section 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose obligations on CASA and other relevant entities to monitor and act upon ADs issued by States of Design. Failure to comply with ADs can result in severe consequences, including civil penalties under the Civil Aviation Act 1988, or criminal penalties if the non-compliance is deemed to be reckless or negligent. These penalties can include substantial fines and, in cases of serious breaches, imprisonment. Ensuring adherence to ADs is critical for maintaining the safety and airworthiness of aircraft operating within Australia.