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 208/6 affecting all Cessna 208, 208A and 208B model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 208/6. 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 establish a legislative framework for civil aviation in Australia, addressing the need for comprehensive regulation to ensure the safety and efficiency of air navigation within Australian territory. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, with specific emphasis on airworthiness. The Civil Aviation Safety Regulations 1998, made under section 98 of the Act, delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft and are issued in compliance with international standards, specifically those outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, ensures that ADs issued by the State of Design are appropriately assessed and, if necessary, translated into Australian ADs to mandate compliance with international safety standards. The authority to issue and cancel these directives is exercised by CASA, reflecting the policy objective of maintaining the highest standards of aviation safety.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003, mandate compliance to ensure the continuing airworthiness of aircraft. The application of these directives extends to all aircraft types registered in Australia, with CASA acting as the national airworthiness authority. This role involves assessing ADs issued by the States of Design and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures. Although ADs do not necessitate public consultation or a Regulatory Impact Statement, they are essential for maintaining the safety standards in the aviation industry, aligning with Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments and are governed by the Legislative Instruments Act 2003.
These regulations impose several obligations on the parties involved. The State of Design, which is responsible for the type of aircraft, must provide information necessary to ensure the continuing airworthiness of the aircraft type to the States of Registry. The State of Registry, in this case CASA, must then assess the information provided by the State of Design and, if necessary, issue an AD to mandate the required safety measures. In the instance of AD/CESSNA 208/6, CASA assessed the AD issued by the State of Design and subsequently cancelled it as the unsafe condition no longer existed.
Failure to comply with the requirements set out in an AD can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and may be liable to penalties. The maximum penalty for contravening an AD can be substantial, depending on the severity of the offence and the circumstances surrounding it. In addition to criminal penalties, non-compliance with ADs can lead to the suspension or revocation of an aircraft's certificate of airworthiness, which would effectively ground the aircraft until the required measures are taken.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety of air navigation in Australia. The Act empowers CASA to issue ADs to mandate safety measures for types of aircraft, while the Regulations set out the obligations of the State of Design and the State of Registry. Failure to comply with these ADs can result in significant penalties, including criminal charges and the grounding of affected aircraft.