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 400/3 affecting Cessna 400 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, enacted by the Australian Parliament, establishes a framework for civil aviation regulation with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are considered legislative instruments, serve as a crucial means of maintaining the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The Civil Aviation Act 1988 and its associated regulations facilitate the discharge of responsibilities by the State of Design and the State of Registry in ensuring that aircraft remain airworthy, thereby enhancing overall aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, aim to maintain the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for ensuring the airworthiness of individual aircraft. The regulation allows CASA to issue, review, and cancel ADs as necessary, such as the recent cancellation of AD/CESSNA 400/3 concerning Cessna 400 aircraft, effective from 28 August 2008. The cancellation of this AD was made in compliance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertinent to this legislation include section 98 (authorising the Governor-General to make regulations for safety) and regulation 39.001 (enabling CASA to issue airworthiness directives). These sections collectively establish the framework through which CASA can issue directives to ensure the continuing airworthiness of aircraft types and aeronautical products. Section 39.001(5) further clarifies that such directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative structure ensures that directives issued by CASA are binding and enforceable under Australian law.
The obligations imposed by this legislation on CASA and other relevant parties are multifaceted. CASA, as the regulator, has the duty to issue airworthiness directives when necessary to maintain safety standards in line with international conventions and Australian law. Under Annex 8 of the Convention on International Civil Aviation, the State of Design must provide information necessary to ensure the continuing airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft. CASA's role includes reviewing and, if necessary, cancelling airworthiness directives, as seen in the case of AD/CESSNA 400/3 affecting Cessna 400 aircraft, which has been cancelled effective 28 August 2008.
Any breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant legal consequences. While the specific offences and penalties are not detailed in the provided text, the general framework suggests that non-compliance with airworthiness directives could result in civil or criminal penalties. These may include fines or other sanctions as prescribed by applicable laws, depending on the nature and severity of the breach. Given that airworthiness directives are legislative instruments, failure to adhere to them could be pursued under the relevant sections of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, leading to potential legal action against the non-compliant parties.