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 320/7 affecting Cessna 320 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 320/7. 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 provide a legislative framework for the safety and efficiency of civil aviation in Australia. It addresses the need for comprehensive regulations to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations that serve these purposes, with a specific focus on enhancing aviation safety. The Civil Aviation Safety Regulations 1998, under regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are legislative instruments as per the Legislative Instruments Act 2003, serve as crucial mechanisms for maintaining the airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO). The cancellation of Australian AD/CESSNA 320/7, which affected Cessna 320 aircraft, exemplifies the authority's role in responding to international safety directives, ensuring that Australian aviation practices align with global safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives in Australia, providing a regulatory framework aimed at ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for kinds of aircraft or aeronautical products. These directives, as noted in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901, and thus qualify as legislative instruments. The State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. Consequently, CASA, acting as Australia’s national airworthiness authority, must assess any airworthiness directives issued by the State of Design and, if deemed necessary, issue corresponding Australian airworthiness directives. This process ensures compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. This authority includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are significant legislative instruments under subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. Such directives are crucial for ensuring the ongoing airworthiness of aircraft types, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the airworthiness of aircraft types, and mandates the provision of necessary information to States of Registry.
Under these regulations, the State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft registered in Australia. This responsibility includes the assessment and, if necessary, the issuance of Australian ADs that mandate the requirements of the State of Design. For example, CASA issued AD/CESSNA 320/7 for Cessna 320 aircraft, which has since been assessed and cancelled as of 8 May 2008. This cancellation occurred because the unsafe condition addressed by the AD no longer exists. Consequently, no replacement AD is required, and no public consultation was deemed necessary due to Australia’s obligations under the Convention on International Civil Aviation.
The issuance and cancellation of ADs are subject to stringent regulatory requirements. ADs are not required to undergo a Regulatory Impact Statement process, as determined by the Office of Best Practice Regulation. The AD/CESSNA 320/7 was 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. These directives play a critical role in maintaining the safety standards of aircraft operating within Australia, ensuring compliance with international civil aviation standards and regulations.