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 185/16 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, Airframes 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 provide a comprehensive legislative framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. Among its provisions, the Act empowers the Governor-General to make regulations in the interests of air navigation safety, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific safety requirements for aircraft types and aeronautical products. In line with Australia’s obligations under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry, in this case, the Civil Aviation Safety Authority (CASA), ensures that Australian-registered aircraft meet these safety standards. The cancellation of a particular AD, such as AD/CESSNA 185/16 Amendment 1 for Cessna 185 aircraft, is conducted under the authority of CASA in compliance with the Act, reflecting Australia’s commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish a framework for the issuance and management of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument under the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft registered in Australia, requiring the State of Registry to ensure continuing airworthiness in accordance with international standards set by ICAO. The State of Design retains overall responsibility for the airworthiness of aircraft types and must provide necessary information to the State of Registry. CASA, as Australia's national airworthiness authority, assesses this information and may issue Australian ADs to enforce the requirements of the State of Design. The process 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, and more specifically 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 under regulation 39.001 (section 98 of the Act). According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments under section 6 of the Legislative Instruments Act 2003. ADs are critical for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure airworthiness, and the State of Registry of an individual aircraft must ensure its continuing airworthiness. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the necessary requirements.
The obligations under the Act and regulations for the parties involved, particularly CASA, include assessing any ADs issued by the State of Design and determining whether to issue an Australian AD to mandate the requirements. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. These obligations reflect the international responsibilities outlined in the Convention on International Civil Aviation and Annex 8.
The cancellation of AD/CESSNA 185/16 Amendment 1, affecting Cessna 185 aircraft, due to Australia’s obligations under the Convention on International Civil Aviation, is a notable provision. This AD was issued by CASA and has been cancelled effective 3 July 2008, without the need for a replacement AD. Given that this cancellation is a result of international obligations, no consultation with the Australian public was required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences for breaches, the specific regulatory framework does not explicitly state offences, penalties, or civil/criminal consequences for non-compliance with the ADs. However, failure to comply with airworthiness directives could potentially lead to significant safety issues, resulting in severe penalties under other sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. CASA has the authority to enforce compliance, and non-compliance could result in enforcement actions, including potential fines or other penalties as deemed appropriate by the relevant authorities.