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 500/10 affecting Cessna 500 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/10. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety and efficiency of civil aviation in Australia. This legislation authorises the Governor-General to make regulations that are necessary for the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are legislative instruments that are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements for the aircraft registered in Australia. The Civil Aviation Safety Regulations 1998 also outline that ADs are disallowable instruments, and their creation is governed by the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 together establish the framework for airworthiness directives in Australia, which are legislative instruments issued to ensure the safety of aircraft. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue these directives for certain types of aircraft or aeronautical products. The issuing of these directives is aligned with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and mandates that the State of Registry enforces the necessary requirements. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to implement the required measures. The ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The application of these regulations extends to all aircraft registered in Australia, and CASA's authority to issue and cancel directives is exercised in compliance with the legislative framework.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, establish the legal framework for the regulation of civil aviation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that serve the purposes of the Act, specifically to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and, as such, they are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003.
The obligations imposed by the ADs are primarily on the State of Design, which has the responsibility under Annex 8 to the Convention on International Civil Aviation for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. For Australia, the State of Registry is responsible for the continuing airworthiness of individual aircraft. CASA, as the national airworthiness authority, must assess any airworthiness information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA has issued AD/CESSNA 500/10, which affects Cessna 500 model aeroplanes. This directive has since been assessed and cancelled by CASA, effective from 25 September 2008, as the unsafe condition that prompted its issuance no longer exists. As this cancellation is due to Australia's obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public, and the Office of Best Practice Regulation has determined that no Regulatory Impact Statement is required. The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaches of the provisions contained within the ADs can lead to significant consequences. While the specific civil or criminal penalties are not detailed in the provided text, under the Civil Aviation Act 1988, non-compliance with ADs can result in civil penalties, including fines, and criminal penalties, including imprisonment. The exact penalties would depend on the specific nature of the breach and the relevant sections of the Act and Regulations that are contravened.