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 208/9 affecting Cessna 208, 208A and 208B model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 208/9. 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 regulatory framework for the safe, efficient, and orderly development of civil aviation in Australia, addressing the need for a comprehensive legal structure to manage the aviation industry. Under this Act, the Governor-General has the authority to make 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 certain types of aircraft or aeronautical products, ensuring these directives align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative mechanism ensures that Australia’s national airworthiness authority, CASA, can mandate necessary requirements for maintaining the airworthiness of aircraft registered in Australia, thereby fulfilling its obligations under international agreements. The AD in question, AD/CESSNA 208/9, affecting Cessna 208, 208A, and 208B model aeroplanes, was cancelled by CASA due to the resolution of the unsafe condition it was addressing, demonstrating the regulatory body's responsiveness to safety concerns.
Scope and Application
The Civil Aviation Act 1988 and its subsidiary regulations, particularly the Civil Aviation Safety Regulations 1998, provide the legislative framework for the issuance and management of airworthiness directives (ADs) in Australia. The Act applies to entities and individuals involved in civil aviation activities within Australia, including aircraft operators, manufacturers, and maintenance service providers. These regulations govern the issuance of ADs by the Civil Aviation Safety Authority (CASA), which must ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The ADs issued by CASA are legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance as outlined in the Legislative Instruments Act 2003. Geographically, the Act's reach extends to all aircraft registered in Australia, thereby ensuring compliance with international standards set forth by the Convention on International Civil Aviation. The Act and its regulations do not specify particular exclusions or exemptions but require adherence to international standards and protocols, including the assessment and implementation of ADs issued by the State of Design or other contracting states.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations that serve the Act's objectives, particularly the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain 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, in accordance with section 6 of the Legislative Instruments Act 2003, is considered a legislative instrument. These ADs are integral to maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as the entity responsible for ensuring the airworthiness of a particular aircraft type and requiring it to share necessary information with the States of Registry.
The obligations imposed by this legislation on parties and entities primarily revolve around compliance with airworthiness directives issued by CASA. The State of Registry, in this case CASA acting on behalf of Australia, must ensure that any AD issued by the State of Design is assessed for applicability to aircraft on the Australian Register. If deemed necessary, CASA must issue corresponding Australian ADs to enforce the requirements specified by the State of Design. Furthermore, the State of Design, which in this context could be any country issuing ADs for a particular aircraft type, must provide complete and accurate information to maintain the continuing airworthiness of the aircraft, and CASA must act on this information to safeguard Australian-registered aircraft.
Failure to comply with the provisions set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Specifically, under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to enforce compliance with ADs, and non-compliance can result in both civil and criminal penalties. The exact penalties are not detailed in the given text but generally, the severity of the penalties can vary based on the nature and extent of the non-compliance. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the jurisdiction and specific circumstances of the breach. These measures are in place to ensure that all stakeholders adhere to the stringent safety standards mandated by the legislation.