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 185/24 affecting Cessna A185 model 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 and regulate the safety of civil aviation in Australia. The Act provides the legal framework for the Civil Aviation Safety Authority (CASA) to ensure that air navigation and aircraft are operated safely. One of the key mechanisms through which CASA enforces air safety is through the issuance of airworthiness directives (ADs), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument that mandates specific safety requirements for certain types of aircraft or aeronautical products, and it must be assessed and potentially adopted by the State of Registry, which in Australia is CASA. The issuance and cancellation of ADs are governed by Australia’s obligations under international aviation conventions, such as Annex 8 to the Convention on International Civil Aviation. In accordance with these obligations, CASA has the authority to cancel existing ADs without the need for public consultation or a Regulatory Impact Statement. This legislative approach ensures that Australia’s aviation safety standards align with international best practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) as the national airworthiness authority responsible for implementing these regulations. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for particular kinds of aircraft or aeronautical products, thereby ensuring compliance with safety standards and continuing airworthiness. The ADs serve as a legislative instrument and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs issued by CASA align with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry for ensuring an aircraft's continuing airworthiness. In this context, the State of Registry, represented by CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia, and must respond to ADs issued by the State of Design. In the instance of AD/CESSNA 185/24, CASA has cancelled this particular directive affecting Cessna A185 model aircraft, a decision that reflects Australia's commitment to international civil aviation obligations, and which has rendered unnecessary any consultation with the Australian public or a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 (under regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per section 98 of the Civil Aviation Act 1988. An AD is a legislative instrument, which is disallowable under the Acts Interpretation Act 1901, and is regulated by the Legislative Instruments Act 2003. These directives ensure the continuing airworthiness of aircraft and are a common form of information issued by International Civil Aviation Organization (ICAO) Contracting States. The State of Design is responsible for providing necessary information to the State of Registry, which is responsible for the continuing airworthiness of individual aircraft.
The obligations imposed by these regulations include the State of Design providing necessary information to the State of Registry to ensure the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures compliance with Australia’s obligations under the Convention on International Civil Aviation. The AD/CESSNA 185/24 affecting Cessna A185 model aircraft, issued by CASA, has been cancelled as of 3 July 2008, and no replacement AD is required. This cancellation aligns with Australia’s international obligations, and no public consultation or Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation.
In terms of consequences for breach, the regulations do not explicitly state civil or criminal penalties for non-compliance with ADs. However, failing to comply with an AD can lead to serious safety issues, and CASA can take enforcement actions, including grounding non-compliant aircraft. The AD was 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 Civil Aviation Act 1988. This process ensures that the AD is made with proper authority and in compliance with legislative requirements.