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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 400/63 affecting Cessna 404 model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act grants the Governor-General the authority to make regulations necessary for the safety of air navigation, and it empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments as per section 6 of the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft types. The 1988 Act reflects Australia’s commitment to international standards under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, plays a crucial role in assessing and issuing ADs to ensure compliance with both national and international safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, applies to all aircraft and aeronautical products within Australia's jurisdiction. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products, and they are mandatory for compliance by the State of Registry, which is responsible for the continuing airworthiness of the aircraft. The ADs are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, ensuring consistency across ICAO Contracting States. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, thereby requiring compliance from all relevant parties including aircraft manufacturers, operators, and maintenance providers within Australia. Notably, these regulations do not apply to foreign aircraft transiently passing through Australian airspace unless they are registered within Australia or are subject to specific Australian airworthiness requirements.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 concerning the issue of airworthiness directives (ADs) include the authority for the Governor-General to make regulations for the safety of air navigation (section 98) and the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products (regulation 39.001). Under subregulation 39.001(5), ADs are considered disallowable instruments, making them legislative instruments (section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003). These ADs serve as the primary means of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations imposed by these provisions require the State of Design to provide information necessary for the continuing airworthiness of an aircraft type and the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue Australian ADs if appropriate. For example, CASA assessed and subsequently cancelled AD/CESSNA 400/63 for Cessna 404 model aircraft, effective from 25 September 2008, due to the unsafe condition no longer existing.
In terms of consequences, no offences are explicitly stated in the text for failure to comply with ADs, but non-compliance could lead to serious safety risks and potential enforcement actions by CASA. The cancellation of AD/CESSNA 400/63 due to Australia’s obligations under the Convention on International Civil Aviation means that no public consultation or Regulatory Impact Statement was required. The AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.