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 400/21 affecting Cessna 414 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, 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 the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to create regulations under section 98, with the overarching aim of ensuring the safety of air navigation. One such regulation is outlined in section 39.001 of the Civil Aviation Safety Regulations 1998, which grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation. In accordance with Annex 8 of the Convention, the State of Design holds responsibility for the airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft.
This particular legislative instrument pertains to the cancellation of AD/CESSNA 400/21, which affected Cessna 414 model aircraft. CASA reviewed the directive and decided to cancel it, effective from 28 August 2008, due to Australia's obligations under the Convention on International Civil Aviation. As this cancellation aligns with international obligations, no public consultation was required. Moreover, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued 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.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, with these directives being classified as disallowable instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft, aligning with Australia's responsibilities under Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry bear primary responsibilities for ensuring an aircraft’s airworthiness, with CASA playing a critical role in issuing and managing ADs within Australia. The specific AD/CESSNA 400/21 for Cessna 414 model aircraft, issued by CASA, has been cancelled due to Australia's international obligations, with no replacement AD being required, and this cancellation does not necessitate public consultation or a Regulatory Impact Statement. The Manager, Systems and New Technologies in CASA's Airworthiness Engineering Branch has authority under section 84A(2) of the Act to make such decisions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 form the legislative framework under which airworthiness directives (ADs) are issued. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations aimed at ensuring 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 types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This entails providing any necessary information to the appropriate States of Registry to ensure the ongoing airworthiness of the aircraft type. The State of Registry, on the other hand, is responsible for ensuring the continuing airworthiness of individual aircraft. It must develop or adopt requirements to this end. As per Annex 8, ADs are a common form of continuing airworthiness information issued by most International Civil Aviation Organization (ICAO) Contracting States.
CASA, as the regulatory body, issued an airworthiness directive (AD/CESSNA 400/21) concerning Cessna 414 model aircraft. After reviewing the directive, CASA decided to cancel it, effective from 28 August 2008. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is deemed necessary. Since this cancellation pertains to Australia’s international obligations, there was no consultation with the Australian public. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
The obligations imposed by these regulations on parties or entities are substantial. The State of Design must provide all necessary information to the States of Registry to ensure the continuing airworthiness of the aircraft type. Similarly, the States of Registry must develop or adopt requirements to ensure the ongoing airworthiness of individual aircraft. CASA, as the regulatory authority, has the responsibility of issuing ADs and ensuring compliance with these regulations. Failure to comply with these requirements could result in safety issues that might lead to accidents or incidents.
Violating the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 can lead to significant civil or criminal consequences. Offences may include fines and imprisonment, with the specific penalties depending on the nature and severity of the breach. For example, under the Civil Aviation Act 1988, an individual or corporation can be fined up to a certain amount for non-compliance with airworthiness directives. In more severe cases, imprisonment might be imposed, highlighting the seriousness with which the law treats breaches of aviation safety regulations.