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 180/64 affecting Cessna 182 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 was enacted to establish a comprehensive legal framework governing civil aviation in Australia, with a focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for maintaining the airworthiness of aircraft, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are critical for ensuring that aircraft remain in a safe condition for operation, aligning with Australia’s obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to maintain high safety standards in Australian civil aviation, ensuring compliance with international standards and facilitating the safe and efficient operation of aircraft within and beyond Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of aircraft in Australian airspace. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated under subregulation 39.001(5) and further clarified by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft registered in Australia, and they are designed to align with the continuing airworthiness requirements outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in this context is CASA, holds the responsibility for ensuring the airworthiness of these aircraft, including adopting or developing requirements as necessary. Notably, the application of ADs and their cancellation is subject to international obligations and does not require public consultation or a Regulatory Impact Statement. The AD in question, affecting Cessna 182 aircraft, was issued by CASA and subsequently cancelled due to international obligations, with no replacement AD deemed necessary.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the process for issuing airworthiness directives (ADs) to ensure the continuing safety of aircraft. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are crucial for maintaining the airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation.
The Act and the Regulations impose certain obligations on the parties involved. The State of Design, which is the country where the aircraft type is designed, holds primary responsibility for the continuing airworthiness of that aircraft type. It must provide necessary information to the States of Registry, which are responsible for individual aircraft's airworthiness. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breaching the provisions related to ADs. However, the failure to comply with an AD could potentially lead to broader aviation safety issues, which might result in enforcement actions by CASA under other relevant sections of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. These could include fines, suspension, or revocation of airworthiness certificates, and other regulatory sanctions that aim to ensure compliance with aviation safety standards.