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 340/13 affecting Cessna 340 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 340/13. The cancellation will become effective on 5 June 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 Parliament of Australia, was introduced to establish a regulatory framework for civil aviation in the country, focusing on ensuring the safety and efficiency of air navigation. This Act provides the authority for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) has the mandate to issue such ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998, with these directives considered legislative instruments under the Legislative Instruments Act 2003. The policy objective is to align with international standards and obligations, particularly those under the Convention on International Civil Aviation, ensuring that Australian regulatory practices are consistent with global safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and management of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act's purposes, particularly focusing on the safety of air navigation. 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 and are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and it must provide necessary information to the States of Registry to maintain airworthiness. CASA, as Australia’s national airworthiness authority, must review and, if appropriate, issue Australian ADs to enforce the requirements of the State of Design for aircraft registered in Australia. This legislative framework ensures compliance with international standards under Annex 8 to the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a robust framework for ensuring the safety and airworthiness of aircraft in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs apply to specific types of aircraft or aeronautical products and are deemed legislative instruments under section 46A of the Acts Interpretation Act 1901. This means that they hold the same legal status as statutes and must adhere to the scrutiny and disallowance processes outlined in the Legislative Instruments Act 2003.
Under this legislative framework, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness. This obligation is outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is the Civil Aviation Safety Authority (CASA), has the corresponding responsibility for the individual aircraft registered within its jurisdiction. CASA is mandated to assess information provided by the State of Design and, if necessary, issue Australian ADs to enforce these requirements. In the case of the Cessna 340 aircraft, CASA issued and subsequently cancelled AD/CESSNA 340/13 due to the resolution of the unsafe condition identified. This cancellation will take effect on 5 June 2008, and no replacement AD is needed as the unsafe condition no longer exists.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 extend to both the State of Design and the State of Registry. For the State of Design, this includes the responsibility of ensuring that all necessary information is provided to maintain the airworthiness of the aircraft type. For CASA, the obligation is to assess this information and issue ADs as required to ensure compliance with safety standards. This involves a thorough review process to determine whether the identified issues necessitate an AD. In the case of AD/CESSNA 340/13, CASA's assessment concluded that the unsafe condition had been addressed, leading to the cancellation of the AD.
Breaching the requirements of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. The Act provides for both civil and criminal penalties for non-compliance with ADs and other regulations. Civil penalties can include fines, while criminal penalties may include imprisonment, depending on the severity of the breach and the intent behind it. The exact penalties are not specified in the provided text, but they are typically detailed in other sections of the Act and associated regulations. The stringent measures underscore the importance of adhering to these safety provisions to protect the public and maintain the integrity of the aviation system.