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.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 190/1 Amdt 1 affecting Cessna 190 and 195 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 190/1 Amdt 1. The cancellation will become effective on 25 September 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 Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to regulate the safety and efficiency of civil aviation in Australia. This Act provides the framework for the issuance of regulations to ensure air navigation safety, including the development and enforcement of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, granting the Civil Aviation Safety Authority (CASA) the authority to issue ADs concerning specific aircraft or aeronautical products to maintain continuing airworthiness. The enactment of this legislation addresses the need for a comprehensive regulatory structure to oversee the safety of civil aviation, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to enhance the safety of air navigation and ensure compliance with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, under 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. These regulations apply to all aircraft registered in Australia, including both domestic and foreign-registered aircraft when they are in Australian airspace or on Australian soil. ADs serve as a means to ensure the continuing airworthiness of aircraft and are integral to compliance with Australia's obligations under the Convention on International Civil Aviation (Annex 8). The State of Design, which is typically the manufacturer's home country, has the overarching responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case Australia, must enforce measures to maintain the airworthiness of individual aircraft within its jurisdiction. The issuance, amendment, and cancellation of ADs are subject to CASA’s assessment and are considered legislative instruments under the Legislative Instruments Act 2003. The AD/CESSNA 190/1 Amdt 1, which affected Cessna 190 and 195 model aeroplanes, was cancelled by CASA on the basis of Australia's international obligations, with no need for public consultation or a Regulatory Impact Statement as per the Office of Best Practice Regulation.
Key Provisions
The main operative sections of this legislation concern the issuance and cancellation of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations focus on the responsibility for ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the airworthiness of an aircraft type, while the State of Registry (in this case, Australia) is responsible for the airworthiness of individual aircraft. This entails developing or adopting requirements to ensure that aircraft remain airworthy. CASA has exercised its authority by issuing and subsequently cancelling AD/CESSNA 190/1 Amdt 1, which pertained to Cessna 190 and 195 model aeroplanes. The cancellation is effective from 25 September 2008, as the unsafe condition addressed by the AD no longer exists.
The Civil Aviation Act 1988 and associated regulations impose several key obligations on CASA and other relevant authorities. CASA must ensure that ADs are issued in compliance with the legislative framework and international standards. In this instance, CASA cancelled AD/CESSNA 190/1 Amdt 1 due to the resolution of the unsafe condition, in line with Australia's obligations under the Convention on International Civil Aviation. Additionally, the cancellation process did not require public consultation as determined by the Office of Best Practice Regulation, nor did it necessitate a Regulatory Impact Statement. The AD cancellation was carried out by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 and associated legislative instruments carry certain consequences for breaches. While the specific offences and penalties for non-compliance with ADs are not detailed in this explanatory statement, the general framework under the Civil Aviation Act 1988 provides for both civil and criminal penalties. For instance, section 33 of the Act outlines that failure to comply with airworthiness requirements can result in substantial fines and, in serious cases, imprisonment. The specifics of these penalties would depend on the nature and severity of the breach, but they serve as a deterrent against non-compliance with safety regulations.