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 206/45 affecting Cessna U206 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 206/45. 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 a framework for the regulation of civil aviation in Australia, focusing on safety and efficiency in air navigation. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing these provisions. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, and their issuance is guided by Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and requires them to share necessary information with States of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing this information and issuing corresponding ADs as required.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 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, with the overarching aim of ensuring the safety of air navigation. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these regulations is guided by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for the airworthiness of individual aircraft. In the context of Australia, CASA, acting as the national airworthiness authority, is mandated to issue Australian ADs when necessary, following assessment of information provided by the State of Design. This ensures compliance with both national and international safety standards. The recent cancellation of AD/CESSNA 206/45, which affected Cessna U206 model aeroplanes, exemplifies this process, reflecting the dynamic nature of safety regulation in civil aviation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 extends this authority to the Civil Aviation Safety Authority (CASA) by enabling them to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework underscores the importance of maintaining and ensuring the safety of aircraft through continuous airworthiness standards, which are integral to the safety of air navigation. Furthermore, under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are classified as disallowable instruments according to section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are significant. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, holds primary responsibility for the continuing airworthiness of an aircraft type and must provide any necessary information to the States of Registry to ensure ongoing airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the context of Australia, CASA must assess any ADs issued by the State of Design against aircraft on the Australian Register and, if appropriate, issue corresponding Australian ADs to enforce the required safety standards. This dual responsibility ensures that aircraft maintain high safety standards both domestically and internationally.
Failure to comply with the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in serious consequences. Although the specific offences and penalties are not detailed within the text, it is clear that non-compliance with airworthiness directives can lead to civil or criminal liabilities. The text does not specify maximum penalties, but the seriousness of the matter suggests potential fines, imprisonment, or other legal repercussions for individuals or entities that fail to adhere to the prescribed safety regulations. Given the critical nature of airworthiness directives in ensuring the safety of air navigation, stringent enforcement mechanisms are likely in place to penalise non-compliance effectively.