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.
CASA issued AD/CESSNA 310/51 Amendment 1 affecting Cessna 310 aircraft in 1983. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation, among other objectives. It empowers the Governor-General to make regulations necessary for the Act's purposes, as seen in the issuing of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that serve as a primary means for ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) has the authority to issue these directives, which are designed to address specific safety concerns and maintain the airworthiness of individual aircraft. The AD/CESSNA 310/51 Amendment 1, originally issued in 1983 and affecting Cessna 310 aircraft, has been reviewed and deemed unnecessary for cancellation by CASA, effective 24 September 2009, due to the resolution of the original safety issue. This cancellation, which reduces regulatory burden, did not require public consultation or a Regulatory Impact Statement, according to the Office of Best Practice Regulation. The AD cancellation was made by the Manager, Future Technology and Regulatory Trends, on behalf of CASA, in compliance with the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework through which airworthiness directives (ADs) can be issued and enforced in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility that falls to both the State of Design and the State of Registry, in line with the requirements set out in Annex 8 to the Convention on International Civil Aviation. The scope of these regulations applies to all entities involved in the design, manufacture, and operation of aircraft within Australia, ensuring that safety standards are upheld across the aviation industry. The recent decision to cancel AD/CESSNA 310/51 Amendment 1, effective 24 September 2009, exemplifies the application of these provisions, reflecting CASA's commitment to maintaining safety and efficiency in civil aviation. This cancellation, which eliminates an outdated regulatory burden, was made in accordance with the Act and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for the regulation of aviation safety in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, thereby ensuring that these products remain safe and airworthy throughout their operational lives. This regulatory power is further defined by subregulation 39.001(5), which specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in their own right.
The obligations imposed by these regulations are significant and multifaceted. The State of Design, which is responsible for the initial design and airworthiness certification of an aircraft type, must provide any necessary information to ensure the continuing airworthiness of that type. This is mandated under Annex 8 to the Convention on International Civil Aviation. Similarly, the State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure that the aircraft remains airworthy throughout its operational life. These obligations underscore the shared responsibility between design and registry states in maintaining the highest safety standards.
Failure to comply with the ADs or other regulatory requirements can lead to serious consequences. While specific offences and penalties are not detailed in the provided text, it is clear that the issuance of ADs and their subsequent cancellation or amendment are serious regulatory actions. The cancellation of an AD, as in the case of AD/CESSNA 310/51 Amendment 1, indicates that the previously identified unsafe condition no longer exists and that the directive is no longer necessary. This action reduces the regulatory burden but does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with the statutory requirements outlined in the Civil Aviation Act 1988.