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 337/1 affecting Cessna 337 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 337/1. 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, enacted by the Australian Parliament, establishes the legal framework for civil aviation safety and regulation in Australia. This legislation addresses the need to ensure the safety and efficiency of air navigation within the country, and it empowers the Governor-General to create regulations that serve this purpose. The Civil Aviation Safety Regulations 1998 further detail the specific procedures and requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the safety of aircraft and aeronautical products. These regulations reflect Australia's commitment to international standards as outlined in the Convention on International Civil Aviation, particularly the responsibility of the State of Design for the continuing airworthiness of an aircraft type.
The problem this legislation addresses is the need for a comprehensive and authoritative system to oversee and ensure the safety of aircraft within Australian airspace. By delegating authority to CASA to issue ADs, the Act ensures that the regulatory body can respond swiftly to safety issues identified by the State of Design, thus protecting the public and maintaining the integrity of air navigation. The policy objective is to harmonise Australian regulations with international standards, ensuring that Australian aircraft meet global safety benchmarks and that the national airworthiness authority can effectively manage and mitigate safety risks.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation, with the State of Design responsible for providing necessary information to ensure the airworthiness of aircraft types, and the State of Registry tasked with enforcing these requirements. In the case of Australia, CASA acts as the national airworthiness authority, mandated to assess and, if necessary, issue Australian ADs based on information from the State of Design. The scope of these regulations applies to all aircraft registered in Australia and their operators, ensuring compliance with national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to make regulations for the Act, focusing on the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives serve as the primary means of ensuring the continuing airworthiness of aircraft types. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, which includes developing or adopting requirements to ensure safety. Consequently, when the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
CASA has recently assessed and cancelled Australian AD/CESSNA 337/1, which affected Cessna 337 aircraft, as the unsafe condition it was addressing no longer exists. This cancellation will take effect on 8 May 2008, and no replacement AD is required. Given that the cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, no public consultation has been conducted regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The cancellation of the AD was made by the Manager of Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act. The AD cancellation process underscores CASA’s commitment to maintaining the highest safety standards in Australian civil aviation, ensuring that aircraft continue to meet airworthiness requirements as dictated by international standards and obligations.