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 185/10 affecting Cessna 185 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, governs the regulation and safety standards within civil aviation, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further delineate the safety requirements and procedures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as a crucial mechanism to ensure that aircraft types meet safety standards, aligning with international obligations under the Convention on International Civil Aviation. The Act empowers CASA to mandate compliance with ADs, ensuring that Australian aircraft conform to necessary safety measures. The cancellation of a specific AD affecting Cessna 185 aircraft was made in accordance with Australia's obligations under the Convention, without the need for public consultation or a Regulatory Impact Statement, reflecting the streamlined process for such legislative instruments.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, is authorised under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue ADs for specific types of aircraft or aeronautical products, with these directives being legislative instruments under the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, in line with obligations under the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in turn must implement requirements to maintain airworthiness. The cancellation of AD/CESSNA 185/10, issued for Cessna 185 aircraft, exemplifies the process of aligning Australian regulations with international obligations, and such actions do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. This specific cancellation, effective from 3 July 2008, does not necessitate a replacement AD. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the Act's objectives and the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance under section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the airworthiness of aircraft and are typically issued by states that are signatories to the Convention on International Civil Aviation, which is documented in Annex 8. According to this convention, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide the necessary information to the States of Registry to ensure ongoing airworthiness. The State of Registry, in turn, must establish or adopt requirements to maintain the airworthiness of individual aircraft.
In practical terms, this means that when the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must review this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that all aircraft registered in Australia comply with international safety standards. For instance, CASA issued and subsequently cancelled AD/CESSNA 185/10, which affected Cessna 185 aircraft, in accordance with Australia's obligations under the Convention on International Civil Aviation. The cancellation became effective on 3 July 2008, and no replacement AD was required. Given that this cancellation was a result of international obligations, no public consultation was conducted, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Branch issued this AD on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Failure to comply with ADs can lead to serious consequences. While specific offences and penalties are not detailed in the provided text, non-compliance with ADs can generally result in civil or criminal penalties under the Civil Aviation Act 1988. Such penalties may include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act. Ensuring compliance with ADs is crucial for maintaining the safety and airworthiness of aircraft operating in Australian airspace.