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 188/26 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 establish a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to create regulations in the interest of air navigation safety. One such regulation is found in the Civil Aviation Safety Regulations 1998, where the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a critical mechanism for maintaining the continuing airworthiness of aircraft in line with international standards, particularly under Annex 8 of the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In accordance with these provisions, CASA has the responsibility to issue and manage ADs, ensuring compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, with the primary goal of ensuring the safety of air navigation. These regulations establish that ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs serve as a critical mechanism for communicating necessary information to maintain the continuing airworthiness of aircraft types, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry for an individual aircraft bears the responsibility for its ongoing airworthiness and must implement requirements to meet these standards. Notably, CASA, acting in its regulatory capacity, issued an airworthiness directive affecting Cessna 188 model aircraft, which has since been cancelled, effective from 28 August 2008, without necessitating a replacement directive due to Australia's international obligations. The cancellation process did 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, particularly section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they qualify as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, under Annex 8 to the Convention on International Civil Aviation, holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure ongoing airworthiness. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft, and must develop or adopt appropriate requirements to fulfil this responsibility. CASA, acting in accordance with these obligations, issued an AD affecting Cessna 188 model aircraft, which has since been reviewed and cancelled. This cancellation reflects Australia's commitment to international obligations and will become effective on 28 August 2008, without necessitating a replacement AD.
In terms of compliance and consequences, it is important to note that the cancellation of this AD was executed in alignment with Australia's international commitments under the Convention on International Civil Aviation, and no consultation with the Australian public was deemed necessary. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, simplifying the procedural aspects. The AD was issued 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. Any breaches of these regulations could potentially lead to civil or criminal consequences, although specific penalties are not detailed in the text provided.