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 208/5 affecting all Cessna 208, 208A and 208B model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 208/5. 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 ensure the safety of air navigation in Australia. Under section 98 of this Act, the Governor-General has the authority to create 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 airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 addresses the need for comprehensive regulations to ensure the safety of aircraft operating within Australia by providing CASA with the authority to issue and enforce ADs. This legislative framework is designed to maintain the highest safety standards in accordance with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness in Australia, with a particular focus on safety. Under this Act, the Governor-General is empowered to make regulations that support the Act’s objectives and enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and oversight in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are a critical component of ensuring continuing airworthiness, as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the airworthiness of an aircraft type with the State of Design. CASA, as Australia’s national airworthiness authority, must respond to these international directives by issuing corresponding Australian ADs when necessary. This process ensures that the safety standards set by the State of Design are implemented for aircraft registered in Australia, thereby fulfilling Australia’s international obligations and maintaining high safety standards within the national aviation framework.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to create regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 of 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. This process is underpinned by the understanding that an AD is a disallowable instrument, as outlined in section 46A of the Acts Interpretation Act 1901 and further defined as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to monitor and respond to ADs issued by the State of Design, which is the State responsible for the aircraft's design. When such a State issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to ensure compliance with the safety standards set forth. This aligns with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design and mandates the dissemination of necessary information to the States of Registry, such as Australia.
In terms of compliance, entities governed by these provisions must adhere to the mandates set out in any AD issued by CASA. This includes following the specific requirements and timeframes for implementing any changes or maintenance actions prescribed in the AD to ensure the continued airworthiness of the aircraft. Failure to comply with an AD can lead to serious consequences, as ADs are integral to maintaining safety standards in aviation. While specific offences and penalties are not detailed in the text provided, it is understood that non-compliance with ADs could result in civil or criminal penalties under the Civil Aviation Act 1988, which may include fines or other sanctions deemed appropriate by the courts.
The text also notes that the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, reflecting the streamlined process designed to quickly address safety concerns. Additionally, because the AD/CESSNA 208/5 has been cancelled due to Australia's obligations under international conventions, no public consultation was necessary. The AD was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act, ensuring that the decision-making process adheres to the legislative framework.