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 320/18 affecting Cessna 320 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 320/18. 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 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 ensure the safety and efficiency of civil aviation in Australia, establishing the framework for regulating air navigation safety and aircraft airworthiness. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act, the Civil Aviation Safety Regulations 1998 were enacted, which include provisions for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments designed to address specific safety concerns related to aircraft or aeronautical products. The Civil Aviation Safety Authority is mandated to issue airworthiness directives in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, ensuring that the continuing airworthiness of aircraft is maintained. In the specific case of AD/CESSNA 320/18, CASA assessed and subsequently cancelled the directive concerning Cessna 320 aircraft due to the resolution of the unsafe condition, effective from 8 May 2008.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority extends to mandating the requirements of ADs issued by other states, ensuring compliance with international standards for the safety of air navigation. The ADs are considered legislative instruments under Australian law and are integral to the continuing airworthiness of aircraft registered in Australia. The State of Registry, in this case CASA, has the responsibility to implement these directives to maintain the safety standards of aircraft within its jurisdiction. The Civil Aviation Safety Regulations 1998 also outline the process for the issuance and cancellation of ADs, with CASA required to assess international directives and determine their applicability to aircraft registered in Australia. The AD/CESSNA 320/18, which was issued and subsequently cancelled by CASA, exemplifies this process, highlighting the authority's commitment to safety and compliance with international civil aviation standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to enact regulations in the interest of air navigation safety. This broad mandate enables the creation of detailed regulations, such as those found in the Civil Aviation Safety Regulations 1998. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as critical tools for maintaining the safety and airworthiness of aircraft, ensuring that they meet required safety standards.
The obligations imposed by these ADs are significant for the parties they govern. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overall responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing any necessary information to the appropriate States of Registry. In turn, the State of Registry, such as CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. This ensures that the aircraft meet international safety standards and mandates the necessary actions to address any identified safety concerns.
The consequences for non-compliance with ADs are severe. Under the Civil Aviation Safety Regulations 1998, failure to adhere to an AD can result in both civil and criminal penalties. The specific penalties are outlined in the Civil Aviation Act 1988 and can include fines, imprisonment, or both, depending on the severity of the breach. For example, CASA has the authority to issue a penalty notice for minor breaches, while more serious violations can lead to prosecution in the Federal Court. The maximum penalties can vary, but they are intended to enforce compliance and ensure that the highest safety standards are maintained in the aviation industry.