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 185/29 affecting Cessna 185 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 185/29. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 Acting 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 for ensuring the safety and efficiency of civil aviation in Australia. This legislation was introduced to address the need for stringent regulatory oversight in the aviation industry, aiming to protect public safety and facilitate the orderly development of civil aviation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, as per section 98. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are considered legislative instruments, as specified in the Legislative Instruments Act 2003. CASA, as Australia’s national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft on the Australian Register by issuing ADs when necessary, in line with the obligations under the Convention on International Civil Aviation. The cancellation of specific ADs, such as AD/CESSNA 185/29 for Cessna 185 aircraft, reflects the dynamic nature of aviation safety regulations and the commitment to adapting to international standards and practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing safety of aircraft and aeronautical products. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that support the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. This regulatory framework applies to aircraft registered in Australia, requiring CASA to align with international standards under Annex 8 to the Convention on International Civil Aviation, whereby the State of Design is responsible for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure that any ADs issued by the State of Design are assessed and, if appropriate, adopted as Australian ADs. This regulatory process ensures compliance with international obligations and the maintenance of air safety standards.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to enact regulations that ensure the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This regulation is classified as a disallowable instrument under the Acts Interpretation Act 1901 and is treated as a legislative instrument according to the Legislative Instruments Act 2003. The AD in question, AD/CESSNA 185/29, pertains to Cessna 185 aircraft and has been cancelled by CASA due to the resolution of the unsafe condition identified.
The obligations imposed on CASA under this legislation include assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This ensures the continuing airworthiness of aircraft registered in Australia in accordance with Annex 8 to the Convention on International Civil Aviation. In this case, CASA has assessed and subsequently cancelled Australian AD/CESSNA 185/29, effective 14 February 2008. Given that this cancellation aligns with Australia's international obligations, no public consultation or Regulatory Impact Statement was required.
Failure to comply with the ADs or the regulations governing them may result in severe consequences. While specific offences and penalties are not detailed in the text, non-compliance with ADs can lead to significant civil or criminal penalties under the broader Civil Aviation Act 1988. This includes potential fines and imprisonment for serious breaches that compromise air safety. CASA's role in enforcing these regulations is critical to maintaining the safety standards required under international and domestic law.