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 206/15 affecting all Cessna 206 series model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 206/15. 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 was enacted to provide for the safety and efficiency of civil aviation in Australia, establishing a regulatory framework for the operation of aircraft and related activities. In the context of ensuring the safety of air navigation, the Act empowers the Governor-General to make regulations that support the overarching safety objectives. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism aligns with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the ongoing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is mandated to issue ADs when required, ensuring compliance with both domestic and international safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, encompasses the legislative framework within which airworthiness directives (ADs) are issued and managed in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, which are legally binding instruments designed to maintain airworthiness. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with the Legislative Instruments Act 2003. The ADs issued by CASA, as the national airworthiness authority, align with the requirements set forth in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its international obligations concerning the continuing airworthiness of aircraft registered within its territory.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to establish regulations aimed at ensuring the safety of air navigation, as stated in section 98. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, it is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation require the State of Design, which is responsible for the ongoing airworthiness of a specific aircraft type, to provide any necessary information to ensure the continuing airworthiness of that type to the appropriate States of Registry. This aligns with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Registry must establish or adopt requirements to maintain the continuing airworthiness of aircraft within its jurisdiction. For instance, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
In this specific instance, CASA had previously issued Australian AD/CESSNA 206/15 for all Cessna 206 series aeroplanes. Following an assessment, CASA cancelled this AD, which will take effect on 25 September 2008, as the unsafe condition no longer exists. As this cancellation is a result of Australia's obligations under the Convention on International Civil Aviation, no public consultation was required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, within the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose strict penalties for non-compliance with ADs. Any person who contravenes an AD is subject to an offence and may be liable for a penalty. The maximum penalty for an individual is generally set out in section 274 of the Act, which specifies a fine of up to 200 penalty units, equivalent to approximately AUD 44,100 at the time of writing. For corporations, the penalties can be significantly higher, with fines reaching up to 2,000 penalty units, or AUD 441,000, depending on the severity and circumstances of the breach. Additionally, persistent or egregious violations may result in criminal charges, leading to more severe penalties, including imprisonment. These measures underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.