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 185/5 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 regulate civil aviation in Australia and to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently established to provide detailed rules for various aspects of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act's purposes, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003. The policy objective of this legislation is to ensure the continuing airworthiness of aircraft in accordance with international standards set forth in the Convention on International Civil Aviation, particularly through the collaboration between States of Design and States of Registry. The AD/CESSNA 185/5, issued by CASA, has been cancelled as a result of Australia's obligations under the Convention, and no public consultation or Regulatory Impact Statement was required for this cancellation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation is an extension of the overarching Civil Aviation Act 1988, which authorises the Governor-General to make regulations for air navigation safety. The issuance of ADs by CASA is a legislative instrument, as per section 46A of the Acts Interpretation Act 1901, and is subject to disallowance under the Legislative Instruments Act 2003. The authority to issue ADs stems from international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design bears responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This regulatory framework ensures compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework under which airworthiness directives (ADs) are issued and managed in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, further provide that the Civil Aviation Safety Authority (CASA) can issue ADs for types of aircraft or aeronautical products to ensure compliance with safety standards. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are subject to disallowance under section 6 of the Legislative Instruments Act 2003.
Under the obligations imposed by the Civil Aviation Safety Regulations 1998, the State of Design, which is the country where the aircraft is designed, is responsible for the continuing airworthiness of the aircraft type. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered, to ensure the aircraft meets safety standards. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to mandate compliance with safety requirements. This ensures that aircraft registered in Australia meet international safety standards.
Failure to comply with an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, it is an offence to operate an aircraft in a manner that contravenes an AD, with potential penalties including fines and imprisonment. Specifically, section 95 of the Act stipulates that an individual can be fined up to 200 penalty units and/or imprisoned for up to two years, while a corporation can be fined up to 1,000 penalty units. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft, which can have significant operational and financial impacts on the operator.
The Civil Aviation Safety Regulations 1998 also stipulate that ADs are subject to the Legislative Instruments Act 2003, which means that they must be made in accordance with the Act's requirements for disallowance. This ensures that ADs are subject to parliamentary oversight and scrutiny, providing a check on CASA's regulatory powers. Furthermore, because ADs are considered legislative instruments, they must be made by the appropriate authority within CASA, as stipulated in subsection 84A(2) of the Act, ensuring that they are made by qualified personnel with the necessary expertise. This procedural requirement helps to maintain the integrity and effectiveness of the regulatory process.