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 208/3 affecting Cessna 208 and 208A model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 208/3. 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, enacted by the Parliament of Australia, provides the foundational framework for regulating civil aviation safety in the country. The Act aims to ensure the safety of air navigation by allowing the Governor-General to make regulations necessary for this purpose. One of these regulations, established under the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance as per the Acts Interpretation Act 1901. The Civil Aviation Safety Regulations 1998 also mandate that CASA, as Australia's national airworthiness authority, must assess and, if appropriate, issue Australian ADs when a State of Design issues an AD affecting aircraft registered in Australia, to ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The objective is to maintain the continuing airworthiness of aircraft in accordance with international obligations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. ADs are legislative instruments that serve as a mechanism for maintaining the continuing airworthiness of aircraft, in accordance with obligations under the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, issues these directives, and CASA, as the national airworthiness authority, is tasked with assessing and implementing these directives for aircraft registered in Australia. This process ensures that any safety concerns identified by the State of Design are communicated and addressed within the Australian aviation sector. The Act and regulations cover all aircraft registered in Australia, as well as any aeronautical products used within these aircraft, and their application is national in scope. There are no stated exclusions or exemptions within the text provided, although the ADs themselves may contain specific conditions or limitations. Subordinate instruments may further detail or refine the application of these directives.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal basis for the issuance of airworthiness directives (ADs). According to these provisions, the Governor-General can make regulations in the interest of air navigation safety, and CASA can issue ADs for specific types of aircraft or aeronautical products. These ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. In the context of this legislation, the State of Design is responsible for the ongoing airworthiness of an aircraft type and must provide necessary information to the States of Registry, who are then responsible for ensuring the airworthiness of individual aircraft.
The Civil Aviation Safety Regulations 1998 (subregulation 39.001(5)) also classify ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This classification highlights the formal nature of ADs and their legal standing in the regulatory framework. The AD/CESSNA 208/3, which affected Cessna 208 and 208A model aeroplanes, was issued by CASA following the assessment of an AD issued by the State of Design, and was subsequently cancelled by CASA due to Australia's obligations under the Convention on International Civil Aviation. The cancellation of this AD became effective on 25 September 2008, and no replacement AD was required as the unsafe condition no longer existed.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily fall on CASA as Australia's national airworthiness authority. CASA must assess the information provided by the State of Design and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. The cancellation of an AD, such as AD/CESSNA 208/3, also requires CASA to ensure that the unsafe condition no longer exists before taking such action. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and no consultation with the Australian public has taken place on the cancellation of this AD, as it is a response to Australia's obligations under the Convention on International Civil Aviation.
The breach of any provisions within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various civil and criminal consequences. However, the specific offences, penalties, or consequences for breach are not explicitly stated within the text of this legislation. It is important to note that the consequences for non-compliance with airworthiness directives or other regulations may vary depending on the nature and severity of the breach, and may include fines, imprisonment, or other penalties as determined by the relevant authorities.