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 310/24 affecting Cessna 310 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 310/24. The cancellation will become effective on 8 May 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 comprehensive legislative framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including issuing airworthiness directives, for the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. CASA’s role includes assessing international airworthiness directives issued by the State of Design and, where necessary, issuing corresponding Australian directives. In the case of AD/CESSNA 310/24, CASA cancelled the Australian directive due to the resolution of the unsafe condition identified, reflecting Australia’s commitment to international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, are essential for ensuring the continuing airworthiness of aircraft in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, where the aircraft type is designed, has the primary responsibility for issuing ADs, which must then be assessed and, if appropriate, implemented by the State of Registry, in this case CASA, for aircraft registered in Australia. The cancellation of an AD, such as AD/CESSNA 310/24 for Cessna 310 aircraft, signifies that the unsafe condition it addressed no longer exists, and no further AD is necessary. This process adheres to Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The AD cancellation is enacted by CASA under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the Act, focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 gives the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives play a crucial role in maintaining the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the overarching responsibility for ensuring an aircraft type's continuing airworthiness and must provide necessary information to appropriate States of Registry. Consequently, the State of Registry is responsible for the individual aircraft's continuing airworthiness and must develop or adopt requirements to ensure this. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
CASA has recently assessed and subsequently cancelled Australian AD/CESSNA 310/24, which affected Cessna 310 aircraft. This cancellation will be effective from 8 May 2008. The cancellation is due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required as the unsafe condition no longer exists. No consultation with the Australian public has taken place regarding this AD cancellation, as the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was 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 Civil Aviation Act 1988. This process ensures that the AD aligns with the legislative framework and the overarching goal of maintaining air navigation safety. The obligations and requirements imposed by the Act and the Regulations aim to uphold the highest safety standards in the aviation industry, with CASA playing a pivotal role in enforcing these standards through the issuance and cancellation of airworthiness directives.