CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 FAA has issued AD 2004-17-01 affecting Cessna 208 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 208/16 Amendment 1, which will become effective on 17 March 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate and ensure the safety of civil aviation in Australia. It provides the framework within which the Civil Aviation Safety Regulations 1998 can be implemented, including the issuance of airworthiness directives (ADs) to address safety concerns. These ADs are legislative instruments made under section 98 of the Act and are designed to mandate requirements for the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs in response to directives from the State of Design or as necessitated by Australia’s obligations under international conventions. This legislative approach ensures that Australian aviation maintains high safety standards and complies with global aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001 respectively, ensuring compliance with the safety requirements of air navigation. These directives apply to specific kinds of aircraft or aeronautical products and are issued by the Civil Aviation Safety Authority (CASA) to mandate the continuing airworthiness of aircraft registered in Australia. Such directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are issued in response to ADs from the State of Design in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues corresponding ADs to ensure the safety of aircraft registered in Australia. Notably, this process does not require public consultation or a Regulatory Impact Statement as it pertains to international obligations and the continuing airworthiness of aircraft types.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legal framework is designed to maintain and ensure the continuing airworthiness of aircraft in line with international standards.
The obligations imposed by these regulations require CASA to carefully evaluate and, if necessary, issue airworthiness directives for aircraft registered in Australia when corresponding directives are issued by the State of Design. This process is integral to maintaining the safety standards mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, the United States of America (USA) for Cessna 208 model aircraft, is responsible for issuing directives based on safety concerns identified with the aircraft type. CASA, acting as Australia’s national airworthiness authority, must assess these directives to ensure compliance with Australian safety standards and issue equivalent Australian ADs as necessary.
The Civil Aviation Safety Regulations 1998 do not require consultation with the Australian public for ADs, as they are a response to international obligations and the directives issued by the State of Design. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The issuance of these directives is overseen by CASA and carried out by authorised personnel, such as the Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Act.
For breaches of the regulations or failure to comply with airworthiness directives, penalties may apply. Although the specific penalties are not detailed in the provided text, they can include fines and other civil or criminal consequences as prescribed under the Civil Aviation Act 1988 and associated regulations. Such penalties serve to enforce compliance with airworthiness standards and ensure the safety of air navigation within Australia.