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 206/6 affecting all Cessna 206 series model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 206/6. 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 a legal framework for ensuring the safety and efficiency of civil aviation in Australia. It allows for the creation of regulations, including the issuance of airworthiness directives (ADs), which are essential for maintaining the continuing airworthiness of aircraft. These regulations are intended to align with international standards and ensure the safety of air navigation, as mandated by Annex 8 of the Convention on International Civil Aviation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective is to uphold the highest safety standards in accordance with international obligations, while also ensuring that the State of Registry is responsible for the continuing airworthiness of individual aircraft. The enactment of this Act was overseen by the Australian Parliament, reflecting the critical need for a robust legislative foundation to govern civil aviation safety within Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. This legislation applies to all aircraft registered in Australia and is concerned with ensuring the safety of air navigation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to mandate safety requirements. Such directives are instrumental in maintaining the continuing airworthiness of aircraft and are a common practice among ICAO Contracting States. The ADs are issued by the State of Design and must be assessed and, if necessary, adopted by the State of Registry, which in Australia is CASA. The issuance and cancellation of ADs are part of Australia’s obligations under the Convention on International Civil Aviation. Notably, the cancellation of AD/CESSNA 206/6, affecting all Cessna 206 series model aeroplanes, was made by CASA without public consultation due to the nature of ADs not requiring a Regulatory Impact Statement. This legislative process ensures that Australian aviation safety standards are aligned with international obligations and best practices.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to make regulations to ensure the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument in accordance with the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, mandate that CASA must issue ADs to ensure the continuing airworthiness of aircraft types registered in Australia. This requirement aligns with Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility to provide necessary information to ensure the airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's continuing airworthiness. For example, if an AD is issued by the State of Design for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements.
Furthermore, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as outlined in Annex 8. In practical terms, this means that CASA, as Australia's national airworthiness authority, must evaluate the ADs issued by other states and decide whether to mandate them in Australia. The process was exemplified when CASA cancelled Australian AD/CESSNA 206/6 for all Cessna 206 series model aeroplanes, as the unsafe condition identified in the AD no longer existed. This cancellation was effective from 25 September 2008, and no replacement AD was required.
There are no specified offences, penalties, or consequences for breach directly associated with the issuance of ADs in the Civil Aviation Safety Regulations 1998. However, failure to comply with ADs can lead to serious safety issues, including potential enforcement actions by CASA. The authority to issue ADs is rooted in the overarching goal of ensuring the safety of air navigation, and non-compliance with these directives can result in significant regulatory and legal repercussions for operators and manufacturers.