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 206/23 affecting Cessna TU206 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, 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 framework for civil aviation safety and regulation in Australia. This Act empowers the Governor-General to create regulations in the interest of air navigation safety. Specifically, it delegates the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for various aircraft and aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. In accordance with the Convention on International Civil Aviation, particularly Annex 8, the State of Design holds primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry must implement or adopt requisite measures to maintain airworthiness. CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. The issuance and cancellation of these directives are essential for maintaining aviation safety standards and ensuring compliance with international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and their creation involves adherence to the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design to provide necessary information, and on the State of Registry to implement and enforce. CASA, as Australia’s national airworthiness authority, has the mandate to assess and, if necessary, issue Australian ADs in response to directives from States of Design. This mechanism ensures that Australian-registered aircraft meet international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The issuance and cancellation of ADs, such as the AD/CESSNA 206/23 affecting Cessna TU206 model aircraft, are actions taken by CASA to address safety concerns and comply with international obligations, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. They are crucial for ensuring the continuing airworthiness of aircraft types, aligning with Annex 8 to the Convention on International Civil Aviation. According to this annex, the State of Design holds responsibility for the ongoing airworthiness of aircraft types, while the State of Registry must ensure the continuing airworthiness of individual aircraft.
The obligations imposed by these regulations are significant. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD. This ensures that the requirements of the State of Design are mandated for aircraft registered in Australia. The State of Registry is also responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft under its jurisdiction. These requirements include implementing ADs issued by the State of Design.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in serious consequences. Failure to comply with ADs may lead to the grounding of aircraft or the prohibition of their operation, which can have severe operational and financial repercussions for operators. While specific penalties are not detailed in the provided text, non-compliance with airworthiness regulations is generally subject to strict enforcement actions, which can include fines and other legal sanctions. The severity of penalties may depend on the extent of the non-compliance and the potential risk posed to public safety.