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 310/9 affecting Cessna 310 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 310/9. 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 for the regulation of civil aviation and the safety of air navigation within Australia. The Act empowers the Governor-General to make regulations that are essential for the safety of air navigation, including the issuance of airworthiness directives (ADs) as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments and are subject to disallowance provisions under the Acts Interpretation Act 1901. The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, responsible for ensuring the continuing airworthiness of aircraft on the Australian Register. In accordance with the Convention on International Civil Aviation, CASA issues or cancels ADs based on assessments of safety information provided by the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type. For instance, CASA issued and subsequently cancelled Australian AD/CESSNA 310/9 for Cessna 310 aircraft, effective from 8 May 2008, due to the resolution of the unsafe condition identified, and no replacement AD is required.
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) to ensure the safety of aircraft and aeronautical products. These regulations apply to all aircraft registered in Australia and are designed to mandate requirements for the continuing airworthiness of specific types of aircraft or aeronautical products. ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type, and the State of Registry must enforce these requirements. This regulatory framework is aligned with Annex 8 of the Convention on International Civil Aviation, which dictates the roles and responsibilities of States in maintaining aircraft airworthiness. The cancellation of a specific AD, such as AD/CESSNA 310/9 for Cessna 310 aircraft, is made by CASA based on international obligations and does not require public consultation or a Regulatory Impact Statement. The AD cancellation is executed by the Acting Manager, Systems and New Technologies, in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the legislative provisions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, which includes the ability to issue ADs. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is further clarified by subregulation 39.001(5), which indicates that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA, as the national airworthiness authority, to monitor and respond to ADs issued by the State of Design, which has the overarching responsibility for the continuing airworthiness of an aircraft type. Under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, which must be assessed and, if appropriate, adopted by the State of Registry. In Australia, CASA must review and potentially issue an Australian AD to ensure compliance with international standards and the safety of aircraft on the Australian Register.
Failure to comply with ADs could result in significant civil or criminal penalties. Under section 84A of the Civil Aviation Act 1988, CASA can enforce compliance through various measures, including fines and other penalties. The severity of these penalties can vary depending on the nature and extent of the breach, but the Act provides for substantial sanctions to ensure adherence to airworthiness standards. The cancellation of an AD, as in the case of AD/CESSNA 310/9, does not require public consultation as it is a response to international obligations and determined by the Office of Best Practice Regulation not to require a Regulatory Impact Statement.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for issuing and enforcing ADs in Australia. CASA is mandated to issue ADs based on assessments of international directives and to ensure that Australian aircraft meet continuing airworthiness standards. Compliance with these regulations is critical, and non-compliance can result in significant legal and financial repercussions. The cancellation of AD/CESSNA 310/9 on 8 May 2008 is a specific instance where CASA has exercised its authority to align with international obligations and ensure the safety of Australian aircraft.