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 206/25 affecting Cessna 206 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 206/25. The cancellation will become effective on 14 February 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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations under section 98, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types, aligning with international standards set forth by Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that aircraft operating in Australian airspace meet stringent safety standards, thereby protecting the public and enhancing the overall safety of civil aviation. The ADs are legislative instruments subject to disallowance and are issued in accordance with Australia's international obligations and domestic safety requirements.
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, ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. Under the Act, the Governor-General can make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that fall under the purview of the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. In the specific case of AD/CESSNA 206/25, CASA assessed and subsequently cancelled the AD pertaining to Cessna 206 aircraft, effective from 14 February 2008, due to the resolution of the unsafe condition. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was deemed necessary. The AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for issuing airworthiness directives (ADs) (sections 98 and 39.001). Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. These ADs, once issued, become legislative instruments as per section 6 of the Legislative Instruments Act 2003. The responsibility of issuing such ADs is not only a regulatory requirement but also aligns with the international standards set by Annex 8 to the Convention on International Civil Aviation. This Annex stipulates that the State of Design is primarily responsible for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure that the aircraft registered within its jurisdiction remain airworthy.
Compliance with these ADs involves a range of obligations for the parties governed by the Act. Operators of affected aircraft must adhere to the specified maintenance, repair, and operational requirements outlined in the ADs. This includes the timely implementation of any necessary modifications or inspections to ensure that the aircraft remain safe and airworthy. CASA, as the national airworthiness authority, is tasked with assessing the information provided by the State of Design and, if deemed necessary, issuing corresponding ADs for the Australian context. The State of Registry must ensure that all aircraft within its jurisdiction comply with the issued ADs, which involves monitoring and enforcing adherence to the directives.
Breach of the obligations set forth in the ADs can lead to various legal consequences. Failure to comply with an AD can result in significant civil penalties, including fines and potential grounding of the aircraft. Additionally, such non-compliance may lead to criminal charges if the breach is deemed to have caused serious harm or endangerment. The specific penalties for breaches of ADs are not detailed in the text, but generally, the severity of the penalty can depend on the nature and impact of the breach. For example, more severe consequences may be imposed for repeated or willful violations, potentially leading to higher fines or even imprisonment in cases of gross negligence or endangerment of life.