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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/CESSNA 337/17 affecting Cessna 337 series aeroplanes in 1974. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 24 September 2009. No replacement AD is required.
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, Initial Airworthiness in the Airworthiness and 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 for the regulation of civil aviation in Australia, ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations to maintain the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft and are consistent with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that reflect the responsibilities of the State of Design and the State of Registry in maintaining aircraft safety.
In a specific instance, CASA issued AD/CESSNA 337/17 in 1974 concerning Cessna 337 series aeroplanes. After a review, CASA decided to cancel this directive, which will take effect on 24 September 2009, and no replacement AD is necessary. This cancellation aligns with Australia’s international obligations and does not require consultation with the Australian public or a Regulatory Impact Statement. The decision to cancel the AD was made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory framework applies to all entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance service providers. The geographic reach of this legislation is national, with CASA acting as the central authority responsible for ensuring compliance across Australia. ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must adhere to the requirements set out in Annex 8 of the Convention on International Civil Aviation. This necessitates that the State of Design provides necessary information to maintain the continuing airworthiness of aircraft types, while the State of Registry enforces these standards domestically. In this particular case, CASA issued and subsequently cancelled AD/CESSNA 337/17 for Cessna 337 series aeroplanes, reflecting Australia’s commitment to international civil aviation standards. The cancellation took effect on 24 September 2009, with no public consultation or Regulatory Impact Statement required due to the nature of ADs.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 that pertain to the issuing of airworthiness directives (ADs) include section 98 of the Act, which allows the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations, which provides the Civil Aviation Safety Authority (CASA) with the authority to issue ADs for specific kinds of aircraft or aeronautical products (sections 98, 39.001). These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are governed by the provisions of the Acts Interpretation Act 1901, including being subject to disallowance (sections 46A, 6).
The obligations imposed by the Act and Regulations on parties and entities they govern primarily relate to ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, which involves providing necessary information to States of Registry. In turn, the State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the airworthiness of individual aircraft (Annex 8). CASA, acting on behalf of the Australian government, issues ADs to meet these obligations. The cancellation of an AD, such as AD/CESSNA 337/17, which affected Cessna 337 series aeroplanes, is a reflection of these responsibilities and the need to comply with international obligations under the Convention on International Civil Aviation (Annex 8).
There are no explicit provisions detailing offences, penalties, or civil/criminal consequences for breach in the text provided. However, the regulatory framework within which ADs are issued and enforced suggests that non-compliance with ADs could result in significant consequences. The ADs are integral to maintaining the safety standards required by international and domestic aviation regulations, and failure to adhere to them could potentially lead to enforcement actions, including but not limited to fines or other penalties, depending on the specific breach and the extent of its impact on safety. The regulatory impact of such non-compliance would likely be assessed in line with broader aviation safety and enforcement policies.