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.
CASA issued AD/CESSNA 206/49 affecting Cessna 206 series aircraft in 1991. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition has long ceased to exist.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 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 legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation was introduced to address the need for stringent regulations and oversight in the rapidly evolving field of aviation, aiming to protect public safety and interests. Under section 98 of the Act, the Governor-General is empowered to create regulations in the interest of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing operational and safety standards. The policy objective is to maintain high safety standards in accordance with international conventions and practices, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide continuing airworthiness information. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which serve as legislative instruments to enforce necessary safety measures.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the regulation of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) playing a pivotal role. These regulations apply to all aircraft and aeronautical products that are registered within Australia, and CASA is responsible for ensuring that these items meet the necessary safety standards. The authority to issue ADs stems from regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to mandate safety requirements for specific types of aircraft or aeronautical products. Such directives are considered legislative instruments under the Legislative Instruments Act 2003, which means they are subject to disallowance and scrutiny to ensure they align with the overarching goals of the Civil Aviation Act 1988. The geographic reach of these regulations is national, applying to all aircraft registered in Australia, and they are influenced by international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. This framework ensures that Australia's aviation safety standards are both nationally compliant and internationally consistent, while also facilitating the collaboration between the State of Design and the State of Registry in maintaining the airworthiness of aircraft.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include ensuring the continuing airworthiness of aircraft, with the State of Design having overall responsibility under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types to the States of Registry, such as Australia. CASA, as Australia's national airworthiness authority, is responsible for assessing information from the State of Design and, if necessary, issuing an Australian AD to mandate the required measures. This ensures that all aircraft on the Australian Register meet the necessary safety standards.
Failure to comply with an AD can result in significant civil and criminal consequences. Under the Civil Aviation Act 1988, an aircraft cannot be used unless it is airworthy and complies with ADs. Non-compliance can lead to fines and imprisonment. Specifically, under section 17 of the Act, the maximum penalty for failing to comply with an AD is $330,000 for an individual and $1.65 million for a body corporate. Additionally, CASA has the authority to ground non-compliant aircraft, further emphasising the seriousness of these regulations.
The Civil Aviation Safety Regulations 1998 also detail the process for issuing and cancelling ADs. For example, CASA issued AD/CESSNA 206/49 in 1991 for Cessna 206 series aircraft but decided to cancel it in 2008 as the original unsafe condition no longer existed. This cancellation, which reduces the regulatory burden, did not require public consultation or a Regulatory Impact Statement. The cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that ADs remain relevant and effective in maintaining aviation safety.