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 500/19 affecting Cessna 500 and 501 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/19. 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia with an overarching focus on ensuring the safety of air navigation. Under the authority granted by section 98 of the Act, the Governor-General is empowered to create regulations for the Act's purposes, specifically to maintain the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998, which were also enacted by the Commonwealth Parliament, delegate to the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives for specific types of aircraft or aeronautical products, as per regulation 39.001. These directives, which include the ability to issue and cancel such directives as required, are considered legislative instruments under the Legislative Instruments Act 2003 and are aligned with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can respond appropriately to safety concerns by issuing or cancelling airworthiness directives as necessitated by the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under this legislative regime, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for particular kinds of aircraft or aeronautical products, ensuring that safety standards are met and maintained in the interests of public safety and air navigation. These ADs are legislative instruments, subject to disallowance and the provisions of the Legislative Instruments Act 2003. The ADs serve to enforce continuing airworthiness requirements for aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. This includes ensuring that any directives issued by the State of Design are assessed and, if necessary, adopted and enforced by CASA. The scope of the ADs applies to specific aircraft types and aeronautical products, and the authority to issue them is exercised in compliance with both national and international aviation safety standards. The application of these regulations extends across all aircraft registered in Australia, ensuring a uniform approach to airworthiness standards and safety compliance.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003.
The obligations under this Act and the Regulations require CASA to assess information from the State of Design—the country where the aircraft type was originally designed—and, if necessary, issue an Australian AD to mandate the requirements for continuing airworthiness. This process ensures that all aircraft registered in Australia meet the necessary safety standards. The State of Registry, in this case CASA, has the responsibility to ensure the continuing airworthiness of individual aircraft and must develop or adopt the appropriate requirements to achieve this.
The Civil Aviation Safety Regulations 1998 also incorporate the principles of Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, must align with these international obligations and ensure that any ADs issued are consistent with international standards.
There are consequences for non-compliance with the provisions of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. Offences and penalties for non-compliance with airworthiness directives can include both civil and criminal penalties. The maximum penalties for breaches can vary depending on the severity of the offence and are outlined in other sections of the Act. It is crucial for operators and owners of affected aircraft to comply with any ADs issued by CASA to avoid potential legal consequences.
In the specific case of AD/CESSNA 500/19, which affected Cessna 500 and 501 model aeroplanes, CASA assessed the AD issued by the State of Design and determined that the unsafe condition no longer existed. Consequently, CASA cancelled the Australian AD/CESSNA 500/19, effective from 25 September 2008, without the need for a replacement AD. The cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.