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 320/5 affecting Cessna 320 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 320/5. 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 of air navigation and to provide a comprehensive framework for the regulation of civil aviation in Australia. This Act was introduced to address the need for a unified and effective system of aviation regulation, particularly in light of Australia's obligations under international treaties such as the Convention on International Civil Aviation. The Act empowers the Governor-General to make regulations, including those that pertain to the safety standards and procedures necessary for the operation of aircraft. One such regulation, the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain safety standards. The objective of the Act, as reinforced by these regulations, is to ensure the highest possible level of safety in civil aviation through rigorous oversight and the timely dissemination of safety-critical information.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the ongoing safety of aircraft and aeronautical products within the country's jurisdiction. Specifically, under section 98 of the Act, the Governor-General has the authority to make regulations for air navigation safety, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the airworthiness of individual aircraft registered within its territory. In the case of Australian registered aircraft, CASA, acting as the national airworthiness authority, assesses the information provided by the State of Design and issues corresponding ADs as necessary. For example, CASA assessed and subsequently cancelled AD/CESSNA 320/5 for Cessna 320 aircraft, effective from 8 May 2008, due to the resolution of the unsafe condition identified by the State of Design. This cancellation process adheres to Australia's international obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations that serve the Act’s purpose and promote air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
These airworthiness directives are critical for maintaining the safety and airworthiness of aircraft, with the State of Design bearing the overall responsibility for the continuing airworthiness of an aircraft type. The State of Design must provide necessary information to ensure the aircraft type's continuing airworthiness, and this information is commonly disseminated through ADs. The State of Registry, which is responsible for the airworthiness of an individual aircraft, must develop or adopt requirements to ensure continuing airworthiness. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the case of the AD/CESSNA 320/5, which affected Cessna 320 aircraft, CASA has evaluated the AD and subsequently cancelled the Australian AD/CESSNA 320/5. This cancellation will take effect on 8 May 2008. Given that the AD was cancelled due to Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public was necessary. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was issued 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. As the unsafe condition identified by the AD no longer exists, no replacement AD is required. The AD cancellation aligns with Australia’s commitments under international aviation conventions and reflects CASA's role in ensuring the safe operation of aircraft within Australia's jurisdiction.