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 400/18 affecting Cessna 402A model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 28 August 2008. 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, Airframes 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 ensure the safety of air navigation and to provide a comprehensive framework for the regulation of civil aviation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, and these regulations serve to maintain the safety standards of air navigation. The Civil Aviation Safety Regulations 1998, which were made under this authority, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate specific actions to address safety issues with aircraft or aeronautical products. The ADs are integral to the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as per Annex 8 to the Convention on International Civil Aviation. In accordance with Australia's international obligations, CASA has the authority to issue and subsequently cancel ADs, as demonstrated by the recent cancellation of AD/CESSNA 400/18 concerning Cessna 402A model aircraft, effective from 28 August 2008.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the overarching Civil Aviation Act 1988, establish a comprehensive regulatory framework designed to ensure the safety of air navigation in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are binding legislative instruments that apply to certain kinds of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft as per the international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design has primary responsibility for ensuring the airworthiness of aircraft types and the State of Registry is tasked with ensuring the airworthiness of individual aircraft. This legislative framework applies nationally, ensuring compliance with both domestic and international aviation safety standards. The issuance, amendment, or cancellation of ADs, such as the recent cancellation of AD/CESSNA 400/18 affecting Cessna 402A model aircraft, is conducted by CASA in accordance with the Act and does not require public consultation or a Regulatory Impact Statement due to their technical nature and international obligations. The ADs are thus integral to the enforcement of aviation safety regulations within Australia, reflecting the country's commitment to maintaining high safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. These ADs are critical tools for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types. Additionally, the State of Registry is tasked with developing or adopting requirements to maintain the airworthiness of individual aircraft. In the context of Australia, CASA exercises this authority to issue and manage ADs, such as AD/CESSNA 400/18, which was issued for the Cessna 402A model aircraft. However, CASA has since reviewed and cancelled this specific AD, with the cancellation taking effect on 28 August 2008, without the need for a replacement AD.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not require consultation with the Australian public for the issuance or cancellation of ADs. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation process is conducted in accordance with subsection 84A(2) of the Act, which mandates that such actions are carried out by authorised personnel within CASA, specifically by the Manager, Airframes in the Airworthiness Engineering Branch.
Breaches of the requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil or criminal penalties, depending on the nature and severity of the offence. For instance, non-compliance with ADs can lead to significant civil penalties, including fines, as well as potential criminal charges in cases of gross negligence or willful disregard for safety regulations. The maximum penalties for such offences are not explicitly stated in the provided text but are generally aligned with the severity of the breach and the impact on aviation safety.