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 206/16 affecting Cessna 206 model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 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, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is foundational legislation in Australia designed to regulate civil aviation, ensuring the safety and efficiency of air navigation. Enacted by the Australian Parliament, this Act provides the legal framework for the regulation of civil aviation activities, including the issuance of airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. Section 98 of the Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with specific provisions enabling the Civil Aviation Safety Authority (CASA) to issue ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, considered legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft as mandated by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The objective is to ensure that all aircraft meet the required safety standards, thereby safeguarding the public and supporting Australia’s obligations under international agreements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. Such directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. These regulations apply to all aircraft registered in Australia and are influenced by international standards set forth in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding ADs to ensure compliance with international standards. In the case of the AD/CESSNA 206/16, which affected Cessna 206 model aircraft, CASA has cancelled this directive following an assessment and because the unsafe condition it was addressing no longer exists. This cancellation is consistent with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as per the determinations of the Office of Best Practice Regulation. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations for the Act, which are intended to ensure the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are classified as disallowable instruments, as outlined in section 46A of the Acts Interpretation Act 1901. This classification means that ADs are legislative instruments, subject to the rules outlined in the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act as Australia's national airworthiness authority. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must review this information and, if necessary, issue an Australian AD to mandate the requirements set by the State of Design. This ensures the continuing airworthiness of aircraft in Australia and aligns with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of States of Design and States of Registry in ensuring aircraft airworthiness. CASA must also ensure compliance with these international obligations without the need for public consultation on AD cancellations, as was the case with AD/CESSNA 206/16, which was cancelled on 23 October 2008 due to the unsafe condition no longer existing.
Failure to comply with the requirements set out in the ADs may result in civil or criminal consequences. Although specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives can generally lead to enforcement actions by CASA. This may include fines, suspension or revocation of airworthiness certificates, and potentially criminal charges if the non-compliance results in a significant safety risk. The precise penalties depend on the severity of the breach and the specific regulations involved.
The process for issuing, assessing, and cancelling ADs is overseen by CASA, with the Manager, Airframes in the Airworthiness Engineering Group, taking responsibility for these actions on behalf of CASA, in accordance with subsection 84A(2) of the Act. This structured approach ensures that ADs are issued and managed in a manner that prioritises the safety of air navigation.