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 185/14 Amendment 1 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 Parliament of Australia, seeks to ensure the safety of air navigation by delegating the authority to make regulations to the Governor-General under section 98 of the Act. These regulations are instrumental in maintaining the airworthiness of aircraft and aeronautical products, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are crucial for ensuring the continuing airworthiness of aircraft types as per Annex 8 to the Convention on International Civil Aviation. In light of these international obligations, CASA has the responsibility to assess and, if necessary, issue Australian ADs that mandate the requirements of the State of Design. However, in certain instances, such as the cancellation of AD/CESSNA 185/14 Amendment 1 affecting Cessna 185 aircraft, CASA has determined that no replacement AD is required, and the cancellation is effective from 3 July 2008. This action is taken in accordance with Australia's international commitments, and as such, no public consultation or Regulatory Impact Statement was deemed necessary.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, providing a legal framework to ensure safety and efficiency in the industry. Under this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives are legislative instruments, as stated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs aim to maintain the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8. The State of Design is responsible for ensuring that aircraft types meet airworthiness standards, while the State of Registry, in this case CASA, must adopt or develop requirements to enforce these standards within Australia. The issuance and cancellation of ADs, such as the recent cancellation of AD/CESSNA 185/14 Amendment 1 for Cessna 185 aircraft, reflect Australia's commitment to international aviation safety standards and its obligation under the Convention on International Civil Aviation. This cancellation, effective from 3 July 2008, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, provides the legislative basis for the creation of regulations that ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised 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 further clarified by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are a common method used by International Civil Aviation Organization (ICAO) Contracting States to communicate information necessary for maintaining the airworthiness of aircraft types.
The obligations imposed by these regulations primarily rest with CASA as Australia's national airworthiness authority. When a State of Design issues an AD concerning an aircraft type registered in Australia, CASA is required to assess the information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements. This ensures that all aircraft registered in Australia meet international standards for airworthiness. The State of Registry of an individual aircraft, typically the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft in accordance with Annex 8 to the Convention on International Civil Aviation.
There are significant consequences for failing to comply with ADs or the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Any breach of these regulations can lead to severe penalties, both civil and criminal, depending on the nature and severity of the violation. The exact penalties are not specified in the provided text but generally include fines and, in severe cases, imprisonment. CASA has the authority to enforce these regulations rigorously to ensure compliance and uphold the highest safety standards in Australia's aviation sector.