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 400/36 affecting Cessna 401 and 402 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, enacted by the Parliament of Australia, aims to ensure the safety and efficiency of civil aviation. This Act provides the legal framework for regulating aviation safety standards, including the issuance of airworthiness directives to maintain the airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further specify the mechanisms for issuing these directives. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific aircraft or aeronautical products, ensuring compliance with international safety standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 and the subsequent regulations address the need for consistent and effective safety measures in the aviation industry, ensuring that aircraft continue to meet the required safety standards throughout their operational life. The policy objective is to uphold the highest safety standards in civil aviation, thereby protecting public safety and maintaining Australia’s international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) concerning aircraft and aeronautical products, thereby extending to all persons and entities involved in civil aviation within Australia. This encompasses aircraft operators, manufacturers, maintenance organisations, and other stakeholders directly engaged in activities related to the safety of air navigation. These regulations serve to ensure that the continuing airworthiness of aircraft is maintained in compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The scope of this legislation is national, with its jurisdiction extending across the Commonwealth of Australia. However, it is important to note that ADs are also influenced by the responsibilities of the State of Design and the State of Registry, which are determined by international agreements. There are no stated exclusions or exemptions within this legislative framework, and the application of ADs is not restricted by thresholds but is governed by the necessity to ensure safety. The issuance of ADs, which are considered legislative instruments, may be further elaborated or extended through subordinate instruments, although such instruments must adhere to the provisions of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as they relate to the issuance of airworthiness directives (ADs), are found in section 98, which allows the Governor-General to create regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products (sections 98 and 39.001). These directives are designed to maintain the airworthiness of aircraft and ensure safety in air navigation.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has the responsibility to issue ADs to address safety issues identified in specific types of aircraft or aeronautical products. These directives are legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design has an overarching responsibility for the continuing airworthiness of an aircraft type, as per Annex 8 of the Convention on International Civil Aviation, and must provide necessary information to States of Registry, which are in turn responsible for ensuring the airworthiness of individual aircraft (Annex 8).
The obligations imposed on parties governed by these regulations are significant. CASA, as the authority issuing ADs, must ensure that these directives comply with international standards set by the Convention on International Civil Aviation. States of Registry must develop or adopt requirements that ensure the continuing airworthiness of aircraft within their jurisdiction, and must collaborate with the State of Design to obtain necessary information. The cancellation of an AD, such as AD/CESSNA 400/36, which affected Cessna 401 and 402 model aircraft, must be conducted in accordance with Australia's international obligations and is issued by CASA, as per subsection 84A(2) of the Act.
Failure to comply with ADs or other regulations can lead to significant civil or criminal consequences. While the specific offences and penalties are not detailed in the provided text, the general principle is that breaches of airworthiness directives and related regulations can result in penalties as stipulated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The maximum penalties for such breaches can be substantial, reflecting the critical nature of ensuring the safety of air navigation.