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 337/16 affecting Cessna 337 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 337/16. 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 regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. The Act provides the framework for the establishment and operation of the Civil Aviation Safety Authority (CASA), which is responsible for implementing and enforcing aviation safety regulations. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of safety, with the Civil Aviation Safety Regulations 1998 detailing the procedures for issuing airworthiness directives (ADs) as a legislative instrument. The cancellation of Australian AD/CESSNA 337/16, affecting Cessna 337 aircraft, was made by CASA in accordance with its obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design's responsibility for continuing airworthiness of an aircraft type. CASA assessed the AD issued by the State of Design and determined that the unsafe condition no longer exists, leading to the cancellation of the Australian AD without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, through 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, thereby ensuring the safety of air navigation. ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901, subject to disallowance, and are considered statutory instruments under the Legislative Instruments Act 2003. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, must evaluate and, if deemed necessary, issue Australian ADs to enforce the requirements of the State of Design. For instance, CASA cancelled Australian AD/CESSNA 337/16 for Cessna 337 aircraft, effective 8 May 2008, as the unsafe condition identified in the original AD no longer existed, and no replacement AD was required. Given the international obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was necessary for this AD cancellation, which 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.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Annex 8 to the Convention on International Civil Aviation further stipulates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft.
Under these provisions, CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian registered aircraft meet international safety standards. For instance, CASA issued AD/CESSNA 337/16 for Cessna 337 aircraft, but has since cancelled this AD because the unsafe condition it addressed no longer exists. The cancellation is effective from 8 May 2008, and no replacement AD is necessary.
The AD cancellation process is governed by Australia's obligations under the Convention on International Civil Aviation, which means there is no requirement for public consultation or a Regulatory Impact Statement. The AD is made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with section 84A(2) of the Act. This ensures that ADs are issued and managed in a manner that upholds international safety standards and domestic legal requirements.
Breaching the requirements of an AD can have significant consequences. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which can lead to enforcement actions by CASA. Such actions can include the suspension or revocation of an aircraft’s certificate of airworthiness, grounding of the aircraft, and potential criminal charges for individuals or companies that fail to comply with the regulations. The maximum penalties for these offences can include substantial fines and imprisonment, reflecting the seriousness of compromising air safety. The precise penalties depend on the specific breach and are determined by the relevant courts in accordance with Australian law.