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 340/6 affecting Cessna 340 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 340/6. 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 was enacted to provide a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations, including the issuance of airworthiness directives, which are essential for maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and must be registered under the Legislative Instruments Act 2003. The objective of these regulations is to align with international standards set by the International Civil Aviation Organization (ICAO) and to ensure that Australia's national airworthiness authority, CASA, properly assesses and responds to airworthiness information from the State of Design, thereby fulfilling Australia’s obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, enabling the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. The ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance by Parliament. The authority to issue ADs is derived from the overarching responsibility of the State of Design for continuing airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation, with the State of Registry, in this case CASA, implementing these directives within Australia. The ADs are a means of ensuring compliance with international standards for airworthiness, and the process for issuing and cancelling such directives is conducted in accordance with the legislative requirements and obligations under international conventions. In the specific case of AD/CESSNA 340/6, CASA cancelled the directive due to the resolution of the unsafe condition identified, with no need for a public consultation or a Regulatory Impact Statement, reflecting the efficiency and international alignment of Australia's regulatory processes.
Key Provisions
The Civil Aviation Act 1988, as amended, contains several key sections that pertain to the safety and regulation of aviation in Australia. Section 98 of the Act empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were created, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework ensures that aircraft maintain their airworthiness and comply with safety standards.
Under the Civil Aviation Safety Regulations 1998, an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Consequently, it is also considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The ADs serve as critical tools for ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for the airworthiness of an aircraft type on the State of Design. This responsibility includes providing necessary information to ensure the ongoing airworthiness of the aircraft type to all States of Registry, including Australia.
The obligations imposed by these regulations require CASA, as Australia’s national airworthiness authority, to assess any ADs issued by the State of Design concerning aircraft on the Australian Register. If deemed necessary, CASA must issue corresponding Australian ADs to enforce the safety requirements set by the State of Design. This obligation ensures that all aircraft registered in Australia meet the required safety standards, which is crucial for the safety of air navigation within Australia and internationally.
In the case of AD/CESSNA 340/6, CASA issued this directive affecting Cessna 340 aircraft and subsequently cancelled it on 5 June 2008. This cancellation was due to the unsafe condition no longer existing, thus making a replacement AD unnecessary. It is important to note that this cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and as such, no consultation with the Australian public or preparation of a Regulatory Impact Statement was required. The AD cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Breaching the regulations or failing to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to civil penalties, including fines and imprisonment. The specific penalties for breaches of ADs are detailed in the Civil Aviation Regulations, and can vary depending on the severity and nature of the non-compliance. Furthermore, any breach of these regulations can also lead to criminal charges, which may result in more severe penalties, including higher fines and longer imprisonment terms, depending on the circumstances of the offence.