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 400/6 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 Commonwealth Parliament, serves to regulate civil aviation within Australia. It establishes a comprehensive framework for ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to create regulations aimed at maintaining the safety of air navigation, as seen in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments under the Legislative Instruments Act 2003, reflecting the importance of maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The AD/CESSNA 400/6, which affected Cessna 401 and 402 model aircraft, has been cancelled by CASA in alignment with Australia's international obligations, thereby no public consultation or Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure the safety of air navigation and is applicable to all entities involved in the design, registry, and operation of aircraft within Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that an AD is a legislative instrument, and therefore, it is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and scrutiny under the Legislative Instruments Act 2003. ADs are issued to maintain the continuing airworthiness of aircraft, with the State of Design having the overarching responsibility to provide necessary information to States of Registry. This legal structure aligns with the obligations under Annex 8 to the Convention on International Civil Aviation, reflecting Australia's commitment to international civil aviation safety standards. The AD concerning Cessna 401 and 402 model aircraft, issued by CASA, was subsequently cancelled due to these international obligations, effective from 28 August 2008, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (39.001(1)). These directives are created to ensure the safety of air navigation, aligning with section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation (98). Moreover, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by these provisions are significant. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds the responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry. Additionally, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, acting on behalf of the State of Registry, issued AD/CESSNA 400/6 for Cessna 401 and 402 models. However, due to Australia's obligations under the Convention on International Civil Aviation, CASA has subsequently cancelled this directive, effective from 28 August 2008, with no need for a replacement.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to several legal consequences. Non-compliance with ADs could result in severe penalties. The exact penalties for such breaches are not detailed in the provided text, but typically, non-compliance with safety regulations can lead to fines, imprisonment, or both, depending on the severity and impact of the breach. The cancellation of AD/CESSNA 400/6, as per the legislation, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The directive was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act.