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.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 500/3 affecting Cessna 500 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/3. 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 Parliament of Australia, governs the safety and regulation of civil aviation within the country. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation, under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments and are essential for ensuring the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. The Act thus addresses the need for a comprehensive regulatory framework to maintain high safety standards in civil aviation, particularly by ensuring that aircraft meet necessary safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that apply to aircraft registered within Australia and are intended to ensure the safety of air navigation. The authority to issue these directives stems from section 98 of the Civil Aviation Act 1988, with the overarching goal of maintaining the highest standards of airworthiness. While ADs are integral to ensuring the continuing airworthiness of aircraft as mandated by the State of Registry, they are also in line with international obligations under Annex 8 to the Convention on International Civil Aviation. This regulation applies to all entities responsible for the maintenance and operation of affected aircraft within the Australian jurisdiction, thereby ensuring compliance with both national and international aviation safety standards. Notably, the issuance or cancellation of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, reflecting the specialised and technical nature of aviation safety regulations.
Key Provisions
The Civil Aviation Act 1988 provides the framework for regulating aviation in Australia, with particular emphasis on safety. Section 98 allows the Governor-General to create regulations for the Act, ensuring safety in air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are crucial for maintaining the airworthiness of aircraft.
The obligations imposed by these regulations require the State of Design to take responsibility for the continuing airworthiness of an aircraft type, ensuring that all necessary information is provided to the States of Registry, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt requirements to ensure that the aircraft remain airworthy throughout their operational life. In practice, CASA has issued and subsequently cancelled AD/CESSNA 500/3, which affected Cessna 500 model aeroplanes. The cancellation, effective from 25 September 2008, was due to the unsafe condition no longer existing.
No replacement AD was required as a result of this cancellation, which aligned with Australia's obligations under the Convention on International Civil Aviation. Given that the AD was cancelled due to international obligations, there was no requirement for public consultation in Australia, nor was a Regulatory Impact Statement necessary, as determined by the Office of Best Practice Regulation. The cancellation of AD/CESSNA 500/3 was executed by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaching the requirements of the Civil Aviation Act 1988 and the associated regulations can lead to significant penalties. Civil penalties can include fines up to $126,000 for individuals and $630,000 for corporations, as outlined in the Act. Criminal penalties may also apply, with potential imprisonment for up to two years for individuals, and a fine of up to $126,000. In more serious cases, individuals may face imprisonment for up to five years, and corporations may be fined up to $630,000. These penalties underscore the importance of compliance with ADs and other regulatory requirements to ensure the safety of air navigation.