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 400/9 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 Australian Parliament, serves as the foundational legislation for civil aviation safety in Australia. This Act allows the Governor-General to create regulations aimed at ensuring the safety of air navigation, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, being legislative instruments, are made to maintain the safety standards required under international conventions, particularly Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and State of Registry. The AD/CESSNA 400/9, previously issued by CASA for Cessna 401 and 402 models, was subsequently cancelled in adherence to Australia's obligations under the Convention, and no public consultation or Regulatory Impact Statement was deemed necessary for this cancellation.
Scope and Application
The Civil Aviation Act 1988, coupled with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This authority is granted under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and is intended to ensure the safety of air navigation as stipulated in section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments, serve as a crucial means of maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with the overall responsibility for continuing airworthiness, while the State of Registry, in this case CASA, must ensure the aircraft meets continuing airworthiness standards. The AD/CESSNA 400/9, which affected Cessna 401 and 402 model aircraft, has been cancelled by CASA due to Australia's obligations under the Convention on International Civil Aviation, with no replacement AD required. This cancellation, effective from 28 August 2008, has not necessitated public consultation or a Regulatory Impact Statement, reflecting the streamlined process for such legislative actions under the Civil Aviation Act 1988 and its regulations.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to create regulations that support the Act's objectives, specifically in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby establishing a mechanism to maintain the safety and airworthiness of aircraft operating in Australia.
These ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This legislative status underscores the importance and authority of ADs in maintaining the safety standards of civil aviation. The ADs issued by CASA are in line with Annex 8 to the Convention on International Civil Aviation, which places the State of Design with overarching responsibility for an aircraft type's continuing airworthiness, and mandates the provision of necessary information to ensure compliance with airworthiness standards.
Under the Civil Aviation Act 1988, the State of Registry for an individual aircraft is tasked with ensuring the aircraft's ongoing airworthiness. This responsibility includes developing or adopting requirements necessary to maintain airworthiness standards. The AD/CESSNA 400/9, previously issued by CASA affecting Cessna 401 and 402 models, has been reviewed and subsequently cancelled by CASA, effective from 28 August 2008, due to Australia’s commitments under the Convention on International Civil Aviation. No replacement AD is deemed necessary.
Given the international obligations and the nature of the AD as a legislative instrument, no public consultation was conducted, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Act 1988 and the associated regulations impose specific obligations on CASA and other relevant entities to ensure compliance with airworthiness standards. CASA must issue ADs that align with international standards and obligations, review existing ADs periodically to ensure their continued relevance and necessity, and cancel ADs that no longer meet the required standards or international obligations. Failure to comply with these regulations could result in significant safety risks, with potential civil or criminal consequences depending on the severity of the non-compliance. However, specific penalties are not detailed in the provided text, and further legislative or regulatory instruments would need to be consulted for precise penalties and enforcement mechanisms.