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 210/51 affecting Cessna 210 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 210/51. 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 provide a legislative framework for the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulations governing air navigation and aircraft operations. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation. This legislative framework is further supported by the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. This Act and its regulations are designed to ensure that the continuing airworthiness of aircraft is maintained, aligning with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority, as Australia’s national airworthiness authority, plays a crucial role in assessing and implementing these directives, thereby upholding the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations, including ADs, for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue such directives for kinds of aircraft or aeronautical products. These ADs serve as legislative instruments in accordance with section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft in line with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds primary responsibility for an aircraft type's airworthiness, and the State of Registry is tasked with maintaining the airworthiness of individual aircraft. This regulatory framework extends to all aircraft registered within Australia, thereby encompassing various aircraft owners, operators, and manufacturers within its scope. The ADs are made pursuant to Australia's international obligations and do not require consultation with the Australian public, nor do they necessitate a Regulatory Impact Statement.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation (s 98). Specifically, 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 the Legislative Instruments Act 2003 (s 6), and they are also subject to disallowance provisions under section 46A of the Acts Interpretation Act 1901.
The obligations placed upon entities by this legislation are quite significant. The State of Design, which is responsible for the aircraft type, must ensure the continuing airworthiness of the aircraft and provide necessary information to the State of Registry, which is the country where the aircraft is registered (Annex 8, Convention on International Civil Aviation). CASA, as Australia’s national airworthiness authority, must review the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. This dual responsibility ensures that aircraft in Australian airspace meet the required safety standards.
The legislation also outlines consequences for non-compliance. While the Act itself does not specify penalties for non-compliance with ADs, breaches of these directives can lead to significant civil or criminal consequences. For instance, failure to comply with an AD can result in the grounding of an aircraft, denial of entry into Australian airspace, or other regulatory actions by CASA. The severity of these consequences underscores the importance of adhering to airworthiness directives to maintain safety standards.
In the specific case of AD/CESSNA 210/51, CASA assessed the AD issued by the State of Design and determined that it was no longer necessary due to the resolution of the unsafe condition identified in the AD. Consequently, CASA cancelled the Australian AD/CESSNA 210/51, effective from 10 April 2008. This cancellation was made without public consultation or the need for a Regulatory Impact Statement, as mandated by Australia’s obligations under the Convention on International Civil Aviation. The AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch at CASA, in accordance with subsection 84A(2) of the Act.