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 210/40 affecting Cessna 210 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 210/40. The cancellation will become effective on 10 April 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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of aviation. The Act empowers the Governor-General to make regulations, such as those concerning airworthiness directives (ADs), for the safety of air navigation, as stipulated under section 98. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. These regulations aim to align Australia's aviation safety standards with international conventions, specifically Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the primary responsibility for an aircraft type's continuing airworthiness. CASA, acting on behalf of the Australian government, assesses and implements ADs issued by foreign States of Design, ensuring that the requirements meet Australian safety standards. The AD/CESSNA 210/40, issued by CASA for Cessna 210 aircraft, was subsequently cancelled due to the resolution of the identified unsafe condition, reflecting Australia's commitment to international safety obligations without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, through its enabling provisions, allows the Governor-General to make regulations for the safety of air navigation. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, serve to ensure the continuing airworthiness of aircraft as per the obligations under Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, issues these directives, and it is the duty of the State of Registry, such as CASA in Australia, to assess and, if necessary, mandate the requirements of these ADs. In the case of the AD/CESSNA 210/40 affecting Cessna 210 aircraft, CASA has cancelled the Australian AD following an assessment and will implement the cancellation on 10 April 2008, as the unsafe condition has been resolved, obviating the need for a replacement AD. This action is taken in accordance with Australia's international obligations, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations for the Act's purposes, focusing on air navigation safety. 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 are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities governed by ADs include ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for an aircraft type's airworthiness, must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of the aircraft. For example, CASA must assess an AD issued by a State of Design and issue an Australian AD if necessary to enforce the State of Design's requirements.
The Act and the regulations establish consequences for non-compliance with ADs. While the specific civil or criminal penalties for breach are not detailed in the provided text, it is understood that failure to comply with ADs could result in severe consequences, including the potential for aircraft to be grounded, and other legal ramifications. The text notes that CASA has cancelled Australian AD/CESSNA 210/40, which affected Cessna 210 aircraft, as the unsafe condition it addressed no longer exists. This cancellation was made in accordance with the legislative framework, without public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The AD cancellation, effective from 10 April 2008, was issued by the Acting Manager, Systems and New Technologies, in the Airworthiness Engineering Branch of CASA, under subsection 84A(2) of the Act. This action highlights CASA's role in upholding air safety standards and responding to international obligations under the Convention on International Civil Aviation.