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 400/64 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, 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 is the foundational piece of legislation that governs civil aviation in Australia. This Act was enacted to provide for the safety and efficiency of civil aviation, and to protect the public from the risks associated with civil aviation activities. One of the key mechanisms through which the Act aims to achieve these objectives is by enabling the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments made under the authority of the Governor-General and serve to mandate specific actions to ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, plays a pivotal role in this process by assessing information provided by the State of Design and, where necessary, issuing corresponding ADs. The process of issuing and cancelling ADs is integral to maintaining the safety standards of aircraft in Australia, aligning with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 provides the legislative foundation for the regulation of civil aviation in Australia, and under section 98, the Governor-General may make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, are a critical means of ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, in this case CASA as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs. In this instance, CASA has cancelled AD/CESSNA 400/64, which affected Cessna 404 model aircraft, as the unsafe condition it was intended to address no longer exists. This cancellation, made in accordance with the Act and reflecting Australia's international obligations, does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations to ensure the safety of air navigation. Within this framework, the Civil Aviation Safety Regulations 1998 (regulation 39.001) authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 identifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and, pursuant to section 6 of the Legislative Instruments Act 2003, confirms that an AD is a legislative instrument.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are centred on ensuring the continuing airworthiness of aircraft. The State of Design is primarily responsible for the airworthiness of an aircraft type, with a duty to provide necessary information to ensure its continued airworthiness to the appropriate State of Registry. The State of Registry, in this case CASA, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the necessary requirements. This ensures that all aircraft on the Australian Register maintain a safe standard of airworthiness in alignment with international conventions.
In accordance with the Convention on International Civil Aviation, CASA has issued an AD/CESSNA 400/64 concerning the Cessna 404 model aircraft. Following its assessment, CASA has decided to cancel this AD. The cancellation will be effective from 25 September 2008, and no replacement AD is necessary as the previously identified unsafe condition no longer exists. This decision adheres to Australia's obligations under the Convention on International Civil Aviation, and as such, no consultation with the Australian public has been conducted regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Under this provision, CASA can impose civil penalties for non-compliance with airworthiness directives. Penalties for failing to comply with an AD can be severe, including fines and imprisonment, as outlined in the Civil Aviation Act 1988. For instance, section 26 of the Act stipulates that a person who contravenes an AD may be liable to a fine of up to 200 penalty units or imprisonment for up to two years, or both. These penalties underscore the importance of compliance with airworthiness directives to ensure the safety and reliability of aircraft operations.