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 188/28 affecting Cessna 188 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 31 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 Technology in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to regulate civil aviation in Australia with a focus on safety and efficiency. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed safety standards and procedures. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are crucial for ensuring the continuing airworthiness of aircraft as per international standards set by the Convention on International Civil Aviation. The ADs are issued by the State of Registry and are fundamental for maintaining safety standards in civil aviation. CASA has the authority to issue and cancel such directives, as evidenced by the cancellation of AD/CESSNA 188/28 affecting Cessna 188 model aircraft, which will become effective on 31 July 2008, aligning with Australia’s obligations under the Convention.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the designated body for this purpose. These ADs apply to specific types of aircraft or aeronautical products and are designed to ensure compliance with safety standards, reflecting the State of Design’s responsibility under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the context of Australia is CASA, is tasked with ensuring the ongoing airworthiness of individual aircraft within the country. The ADs are legislative instruments that serve as crucial mechanisms for maintaining airworthiness, although they are not subject to the requirements for public consultation or a Regulatory Impact Statement due to their technical nature and the international obligations under the Convention. This legislative framework ensures that Australia meets its international commitments while maintaining stringent safety standards for its aviation industry.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legal framework for civil aviation safety in Australia. Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of 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. These ADs are legislative instruments, as stated in section 6 of the Legislative Instruments Act 2003, and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means they can be reviewed and potentially disallowed by the relevant parliamentary committee.
Under the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type. This entails providing necessary information to the States of Registry to ensure that the aircraft remain airworthy. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must implement requirements to this effect. CASA, acting in its capacity as the regulatory body, has issued an AD/CESSNA 188/28 for Cessna 188 model aircraft. This AD has since been reviewed and cancelled by CASA, with the cancellation set to take effect on 31 July 2008. No replacement AD is required as part of this cancellation.
In fulfilling its obligations under the Convention on International Civil Aviation, CASA has cancelled the AD without conducting public consultations, as stipulated by section 46A of the Acts Interpretation Act 1901. Furthermore, the Office of Best Practice Regulation has determined that ADs, including this cancellation, do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technology in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaching the requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, it is known that CASA enforces compliance with ADs to ensure the safety of air navigation. Non-compliance could potentially lead to penalties, enforcement actions, or legal proceedings against the entities or individuals involved. The maximum penalties for such breaches are not specified in the provided text but are typically detailed in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.