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 320/27 affecting Cessna 320 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 320/27. The cancellation will become effective on 5 June 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 regulate civil aviation in Australia and to ensure the safety of air navigation. This legislation empowers the Governor-General to make regulations for the purposes of the Act, such as issuing airworthiness directives (ADs), in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under the authority of this Act, mandate that ADs are to be issued for kinds of aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA) acts as Australia’s national airworthiness authority, responsible for assessing and issuing ADs to mandate the requirements of the State of Design when such directives are issued against types of aircraft on the Australian Register. The AD/CESSNA 320/27, issued by CASA affecting Cessna 320 aircraft, has been cancelled, reflecting Australia’s adherence to international obligations under the Convention on International Civil Aviation. This cancellation, which will become effective on 5 June 2008, has been made without public consultation as it was determined not to require a Regulatory Impact Statement, and no replacement AD is necessary as the unsafe condition no longer exists.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the issuance and enforcement of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives, which are legislative instruments, apply to specific types of aircraft or aeronautical products and are mandated by regulation 39.001. CASA, as Australia's national airworthiness authority, is responsible for assessing information from the State of Design and, if necessary, issuing Australian ADs to ensure compliance with safety standards. These directives are integral to maintaining the continuing airworthiness of aircraft registered in Australia, and CASA's assessment and subsequent actions, such as the cancellation of AD/CESSNA 320/27, are in line with Australia's obligations under the Convention on International Civil Aviation. The jurisdictional scope of these regulations is national, with CASA acting on behalf of the Australian government to enforce safety standards across all aircraft registered within Australia. The Act and its regulations do not specify exclusions or thresholds for issuing ADs, but they do adhere to international standards set by the International Civil Aviation Organization (ICAO).
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means they must be tabled in both houses of Parliament.
Under the Act and the Regulations, CASA, as Australia's national airworthiness authority, has specific obligations when it comes to ADs. When a State of Design issues an AD, CASA must assess the information and determine if an Australian AD is necessary. In the case of the AD/CESSNA 320/27, which affected Cessna 320 aircraft, CASA assessed the directive and decided to cancel it. The cancellation is set to become effective on 5 June 2008, as the unsafe condition that led to the AD no longer exists. It is important to note that because this cancellation is due to Australia's obligations under the Convention on International Civil Aviation, there was no public consultation on the matter. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Violating the requirements set out in an AD can lead to significant consequences. While the Act and the Regulations do not explicitly outline specific offences or penalties for non-compliance with ADs, non-compliance with airworthiness requirements can result in enforcement actions by CASA. These actions can include fines, suspension or revocation of aircraft certificates, and other regulatory measures to ensure compliance with safety standards. The safety and security of air navigation are paramount, and CASA takes any non-compliance with ADs very seriously.