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 400/79 affecting Cessna 441 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, enacted by the Commonwealth Parliament, was designed to provide a comprehensive legal framework for the safety and efficiency of civil aviation within Australia. One of its provisions, section 98, empowers the Governor-General to make regulations for the Act, ensuring that these regulations serve the paramount interest of air navigation safety. Complementing the Act are the Civil Aviation Safety Regulations 1998, which were introduced to further delineate the responsibilities and procedures related to the safety of aircraft and aeronautical products, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft types registered in Australia, thereby aligning with Australia’s commitments under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, tasked with assessing and implementing ADs issued by the State of Design and ensuring that Australian aircraft meet international safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are critical tools in ensuring the continuing airworthiness of aircraft registered in Australia. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are integral to compliance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design holds primary responsibility for ensuring the continuing airworthiness of aircraft types, and the State of Registry, which in Australia is CASA, must adopt measures to uphold these standards. In the specific case of the AD/CESSNA 400/79 concerning Cessna 441 model aircraft, CASA has determined that the directive has been cancelled as of 25 September 2008, due to the resolution of the unsafe condition it was intended to address, thereby fulfilling Australia's obligations under international conventions without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for air navigation safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are formal instruments that mandate specific safety requirements or corrective actions, and they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to assess ADs issued by the State of Design for aircraft on the Australian Register and, if necessary, issue corresponding ADs to ensure compliance with safety standards. The State of Registry, which in the Australian context is CASA, must ensure the continuing airworthiness of aircraft registered in Australia. This involves adopting or developing requirements that align with international standards, such as those set out in Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design.
In the specific case of AD/CESSNA 400/79, CASA issued an AD affecting Cessna 441 model aircraft, which has since been cancelled. This cancellation is due to the unsafe condition that prompted the original AD no longer existing. The cancellation became effective on 25 September 2008, and no replacement AD is required. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was necessary as determined by the Office of Best Practice Regulation. The AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in line with subsection 84A(2) of the Act.
Failure to comply with the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. The maximum penalties for civil contraventions can include fines of up to $126,000 for individuals and significantly higher amounts for corporations. Criminal penalties may also be imposed, which can result in fines of up to $504,000 for individuals and $2,520,000 for corporations, along with potential imprisonment terms. These penalties underscore the importance of adhering to ADs to maintain the high safety standards required in air navigation.