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 206/43 Amendment 1 affecting Cessna U206G and TU206G model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 206/43 Amendment 1. 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 provide for the safety and efficiency of civil aviation in Australia, addressing the need for a comprehensive legal framework governing the operations and safety standards of aircraft within Australian airspace. This Act empowers the Governor-General to make regulations for the safety of air navigation, reflecting the importance of stringent safety measures in the aviation sector. In this context, the Civil Aviation Safety Regulations 1998 were established to facilitate the implementation of safety standards, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The cancellation of Australian AD/CESSNA 206/43 Amendment 1, which affected Cessna U206G and TU206G model aeroplanes, exemplifies the dynamic nature of aviation safety regulation, where CASA, as the national airworthiness authority, responds to international directives and assesses the necessity of such measures in the Australian context.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework within which airworthiness directives (ADs) can be issued in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are typically issued in response to the continuing airworthiness responsibilities of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the requisite safety measures. The ADs apply to all relevant aircraft or aeronautical products registered in Australia, and their issuance is integral to maintaining the safety standards of civil aviation within the country.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for the regulation of airworthiness in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations include a responsibility on CASA to issue ADs that align with international standards set forth in Annex 8 to the Convention on International Civil Aviation. This international framework assigns the State of Design a key role in maintaining the continuing airworthiness of aircraft types, requiring it to provide necessary information to States of Registry. In turn, States of Registry, such as Australia, must develop or adopt requirements to ensure the airworthiness of individual aircraft within their jurisdiction. When an AD is issued by the State of Design against an aircraft type registered in Australia, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 establish clear consequences for non-compliance with ADs. Failure to comply with an AD can result in significant penalties, including fines and potential imprisonment for individuals, as well as fines for corporations. The maximum penalties can vary depending on the severity of the breach and the specific provisions of the Act and Regulations. CASA’s role in issuing ADs is thus critical in maintaining the safety standards required under both national and international aviation laws.