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 206/13 affecting all Cessna 206 series model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 206/13. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that contribute to these objectives, as exemplified by the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs), which serve as a critical tool for maintaining the continuing airworthiness of aircraft. ADs are a legislative instrument that align with international standards, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the airworthiness of aircraft types and requires States of Registry to implement the necessary measures to maintain airworthiness. In the context of Australian registered aircraft, CASA is tasked with assessing information from the State of Design and issuing corresponding ADs to enforce safety requirements.
The Civil Aviation Safety Regulations 1998 allow CASA to issue ADs for specific types of aircraft or aeronautical products, reflecting Australia’s commitment to international aviation safety standards. The process of issuing or cancelling an AD, such as the recent cancellation of AD/CESSNA 206/13 for all Cessna 206 series aeroplanes, is conducted in accordance with the Act and does not require public consultation due to the specific nature of aviation safety regulations. The decision to cancel the AD was made by CASA, under the authority granted by the Civil Aviation Act, ensuring that the action aligns with both national and international obligations. This exemplifies the regulatory approach taken by CASA in managing airworthiness directives to safeguard the Australian aviation sector.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) can be issued in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003. The ADs align with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for an aircraft type's continuing airworthiness, and the State of Registry must ensure the aircraft's ongoing airworthiness. CASA, as Australia’s national airworthiness authority, evaluates information from the State of Design and, if necessary, issues Australian ADs to enforce the State of Design's requirements. This regulatory framework ensures that the safety standards for aircraft operating in Australia are met, reflecting both national and international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations include the requirement for the State of Design to ensure the continuing airworthiness of aircraft types and provide necessary information to the States of Registry, including Australia. As Australia's national airworthiness authority, CASA must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards.
In the case of the AD/CESSNA 206/13, which affected all Cessna 206 series model aeroplanes, CASA assessed the information and subsequently cancelled the AD because the unsafe condition no longer existed. This cancellation was effective from 25 September 2008, and no replacement AD was required. Given Australia’s obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public regarding this cancellation, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary.
The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Under these regulations, any breach or failure to comply with an AD could result in significant penalties. The maximum penalties for non-compliance can include fines and imprisonment, depending on the severity of the breach and the specific regulations involved.