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 400/39 Amendment 3 affecting Cessna 400 series aeroplanes in 1977. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 24 September 2009. 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, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for the safe and efficient operation of civil aviation in Australia. This legislation was introduced to address the need for comprehensive safety regulations governing air navigation and the certification of aircraft. Under section 98 of the Act, the Governor-General has the authority to create regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, as specified in regulation 39.001. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, serve as a crucial means of maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation, specifically Annex 8. The State of Design and the State of Registry both play significant roles in ensuring aircraft airworthiness, with ADs acting as a key tool for disseminating necessary information. Given Australia's obligations under the Convention, CASA has the authority to issue, amend, or cancel ADs, as exemplified by the recent cancellation of AD/CESSNA 400/39 Amendment 3, effective from 24 September 2009.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework for ensuring the safety of air navigation in Australia, with a particular focus on the continuing airworthiness of aircraft. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and serve as a crucial mechanism for maintaining safety standards in the aviation industry. The application of these directives is governed by the obligations of the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, in alignment with the principles of Annex 8 to the Convention on International Civil Aviation. Although the ADs are integral to international air safety practices, their issuance and cancellation, such as the case of AD/CESSNA 400/39 Amendment 3 affecting Cessna 400 series aeroplanes, are subject to Australia's international commitments and do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA, reflecting its role as the regulatory body for civil aviation in Australia.
Key Provisions
The Civil Aviation Act 1988 (s. 98) and the Civil Aviation Safety Regulations 1998 (s. 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that aim to ensure the continuing airworthiness of aircraft types, in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. The State of Registry, such as Australia, must then ensure the continuing airworthiness of individual aircraft within its jurisdiction. In 1977, CASA issued AD/CESSNA 400/39 Amendment 3 for the Cessna 400 series aeroplanes, which has now been cancelled due to Australia’s obligations under the Convention on International Civil Aviation.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to issue ADs to ensure the continuing airworthiness of specific aircraft types or aeronautical products. The ADs serve as a means to communicate safety information and requirements to aircraft operators and other stakeholders. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction, which includes implementing ADs issued by CASA. This involves conducting reviews, issuing directives, and ensuring compliance by aircraft operators.
Breaches of the requirements under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to various consequences. While specific penalties are not detailed in the explanatory statement, it is understood that non-compliance with ADs and other regulations can result in civil or criminal penalties. The severity of these penalties depends on the nature and extent of the breach, with potential outcomes including fines, imprisonment, or other regulatory actions. It is essential for aircraft operators and other stakeholders to adhere to the ADs to maintain the safety and airworthiness of their aircraft.
The process of issuing and cancelling ADs is conducted in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The cancellation of AD/CESSNA 400/39 Amendment 3, for example, reflects the need to align with international obligations under the Convention on International Civil Aviation. This process ensures that safety directives are up-to-date and reflective of the latest safety standards and requirements. The Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, acting on behalf of CASA, has the authority to make such decisions in line with the Act.