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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/CESSNA 188/23 Amendment 1 affecting Cessna 188 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 28 August 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 provide a legislative framework ensuring the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with one significant aspect being the regulation of airworthiness directives. Under section 98 of the Act, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are designed to maintain the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry for an aircraft is tasked with ensuring the aircraft's ongoing airworthiness, while the State of Design has the overarching responsibility for the airworthiness of an aircraft type. The cancellation of AD/CESSNA 188/23 Amendment 1, affecting Cessna 188 model aircraft, exemplifies the practical application of these regulatory frameworks, reflecting Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards and continuing airworthiness as per international standards set by ICAO. This regulatory framework applies to all aircraft registered in Australia and the entities responsible for their maintenance and operation. The geographic reach of these regulations is national, with CASA operating under the overarching international obligations of the Convention on International Civil Aviation, particularly Annex 8, which outlines the continuing airworthiness responsibilities of the State of Design and State of Registry. The application of these directives is integral to maintaining safety and regulatory standards across the Australian aviation industry. The ADs are legislative instruments, subject to disallowance and review as per relevant Australian legislative acts. Notably, the cancellation of an AD, such as AD/CESSNA 188/23 Amendment 1, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given their specific regulatory nature and international obligations.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. This foundational provision allows for the establishment of specific regulatory frameworks that govern various aspects of civil aviation, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) is thus authorised to issue these directives for particular types of aircraft or aeronautical products, thereby playing a crucial role in maintaining and enhancing aviation safety standards.
Under the Civil Aviation Safety Regulations 1998, the specific obligations imposed on CASA and other relevant parties include the responsibility to issue airworthiness directives that are necessary for the ongoing safety of aircraft. CASA must ensure that these directives are in compliance with both national and international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, also has a significant role in ensuring the continuing airworthiness of the aircraft. This involves developing or adopting appropriate requirements and ensuring that all necessary actions are taken to maintain the airworthiness of the aircraft in accordance with international conventions.
The issuance of airworthiness directives is not without consequences for non-compliance. Under section 46A of the Acts Interpretation Act 1901, ADs are considered disallowable instruments. This means that they can be reviewed and potentially disallowed if they are found to be inconsistent with the primary Act or if they exceed the powers granted under the Civil Aviation Act 1988. The Legislative Instruments Act 2003 further stipulates that ADs are legislative instruments, subjecting them to additional scrutiny and review processes. Failure to adhere to these regulations and directives can result in civil or criminal penalties, including fines and imprisonment, depending on the severity and intent behind the non-compliance.
In specific cases, such as the cancellation of AD/CESSNA 188/23 Amendment 1 affecting Cessna 188 model aircraft, CASA has determined that the directive is no longer necessary due to Australia’s international obligations under the Convention on International Civil Aviation. This cancellation, effective from 28 August 2008, does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. 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 Act, ensuring that all actions are taken within the legal framework and with due process.