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 500/18 affecting Cessna 500 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/18. 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, Airframe and Structures, 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 a comprehensive legislative framework for the regulation of civil aviation in Australia, addressing gaps in safety and operational standards. This Act, enacted by the Australian Parliament, empowers the Governor-General to make regulations that ensure the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) for issuing airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are crucial for maintaining the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority is responsible for assessing international ADs and issuing corresponding directives for aircraft registered in Australia, ensuring compliance with both national and international safety standards. This approach reflects the policy objective of harmonising safety regulations with global practices while ensuring the safety and efficiency of Australia's civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for aircraft and aeronautical products to ensure safety in air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue such directives for particular types of aircraft. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under the Acts Interpretation Act 1901. This legislative approach is aligned with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with ensuring continuing airworthiness, and the State of Registry, such as CASA in Australia's case, must adopt or develop requirements to maintain this airworthiness. The scope of these regulations encompasses all aircraft registered in Australia, necessitating CASA to assess and, if necessary, issue Australian ADs based on international directives. The process of issuing or cancelling such directives is conducted by CASA officials, such as the Manager, Airframe and Structures, in the Airworthiness Engineering Group, under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, pertain to the issuance and implementation of airworthiness directives (ADs) (sections 98, 39.001, 39.001(5)). According to section 98, the Governor-General is empowered to enact regulations that align with the Act's objectives, particularly in ensuring air navigation safety. Regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and subsequently as legislative instruments under the Legislative Instruments Act 2003. This regulatory framework is designed to maintain the safety and airworthiness of aircraft in line with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions on relevant parties, particularly CASA and the State of Registry, are multifaceted. The State of Design holds primary responsibility for ensuring the continuing airworthiness of an aircraft type, and is mandated to furnish necessary information to the State of Registry. The State of Registry, in turn, must establish or adopt requisite measures to maintain the airworthiness of aircraft. CASA, acting on behalf of the Australian government, must review ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. These directives aim to ensure compliance with safety standards and the continued safe operation of aircraft on the Australian Register.
Violations or non-compliance with the airworthiness directives can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD could be considered an offence, potentially resulting in criminal charges. Additionally, failure to adhere to these directives might result in civil penalties, including fines and other sanctions, depending on the severity and impact of the non-compliance. The exact penalties are not specified in the text but could vary based on the nature and extent of the breach.
The legislative process for issuing these ADs is rigorous and adheres to specific legal frameworks. For instance, the AD/CESSNA 500/18 affecting Cessna 500 model aeroplanes was issued and subsequently cancelled by CASA. The cancellation of this AD was made in accordance with the requirements of the Civil Aviation Act 1988, specifically under subsection 84A(2). This cancellation was executed due to the resolution of the unsafe condition identified in the original AD, and it became effective on 25 September 2008. Importantly, as this cancellation was in line with Australia's obligations under the Convention on International Civil Aviation, no public consultation was necessary, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not required. This demonstrates the structured and methodical approach taken to ensure the safety and airworthiness of aircraft in Australia.