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 337/6 affecting Cessna 337 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 337/6. The cancellation will become effective on 14 February 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 Acting 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 to provide a comprehensive framework for civil aviation in Australia, was introduced to address the need for stringent regulations to ensure the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations, such as the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft. These regulations are designed to comply with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which assigns responsibilities for continuing airworthiness to both the State of Design and the State of Registry. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, responsible for assessing international ADs and issuing corresponding Australian ADs to ensure compliance and safety. In this context, CASA has cancelled Australian AD/CESSNA 337/6, effective 14 February 2008, due to the resolution of the unsafe condition identified, without the need for public consultation as mandated by Australia's international obligations. This cancellation was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are consistent with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. In practice, CASA, as Australia’s national airworthiness authority, assesses ADs issued by the State of Design and may issue corresponding Australian ADs as necessary. For instance, CASA cancelled Australian AD/CESSNA 337/6 for Cessna 337 aircraft on 14 February 2008, reflecting the resolution of the unsafe condition identified previously. Given the international nature of these directives and their technical basis, CASA did not engage in public consultation or require a Regulatory Impact Statement for this cancellation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and are subject to disallowance provisions as outlined in the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 on CASA and other relevant parties include the assessment and potential issuance of ADs to ensure the continuing airworthiness of aircraft registered in Australia. CASA, as Australia's national airworthiness authority, must review information provided by the State of Design and, if necessary, issue Australian ADs to mandate specific safety requirements. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry, which in turn, must develop or adopt requirements to ensure the airworthiness of aircraft registered within their jurisdiction.
Breaches of the provisions set out in the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 may lead to various civil and criminal consequences. While the specific penalties for non-compliance with ADs are not outlined in the provided text, it is reasonable to assume that failure to adhere to these regulations could result in enforcement actions, fines, or other penalties as prescribed by the Act. Furthermore, non-compliance with airworthiness directives can compromise the safety of air navigation, potentially leading to severe consequences for passengers, crew, and the general public.