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.
CASA issued AD/CESSNA 550/12 affecting Cessna 550 (Citation II) series aeroplanes in 1986. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Initial Airworthiness in the Airworthiness and 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, governs the safety and regulation of civil aviation in Australia. This Act aims to ensure the safety of air navigation and the continuing airworthiness of aircraft, among other objectives. Complementing the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia. The authority to issue these directives is derived from section 98 of the Civil Aviation Act 1988, which allows for the creation of regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 further specify the process and authority for CASA to issue ADs, ensuring that they align with international obligations under ICAO conventions.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The ADs are aligned with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures compliance with these directives on the Australian Register. The AD/CESSNA 550/12, which affected Cessna 550 (Citation II) series aeroplanes, was issued in 1986 and has now been cancelled by CASA as the original unsafe condition no longer exists. This cancellation reduces the regulatory burden and does not require public consultation or a Regulatory Impact Statement as per the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, authorises the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations. These ADs are legislative instruments that pertain to specific types of aircraft or aeronautical products. As per subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and they are governed by the Legislative Instruments Act 2003. Essentially, ADs represent critical information required to maintain the continuing airworthiness of aircraft, and they are typically issued by States of Design or Registry in compliance with Annex 8 of the Convention on International Civil Aviation. The State of Registry is responsible for the continuing airworthiness of individual aircraft, and when a State of Design issues an AD, the national airworthiness authority, such as CASA in Australia, must assess and, if necessary, issue a corresponding AD.
In the case of the AD/CESSNA 550/12 concerning the Cessna 550 (Citation II) series aeroplanes, issued in 1986, CASA has reviewed and decided to cancel this directive effective 19 November 2009. The cancellation has been determined to reduce the regulatory burden, and thus, there was no need for consultation with the Australian public. The Office of Best Practice Regulation has also confirmed that ADs do not require a Regulatory Impact Statement. This decision was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The obligations imposed by these provisions on the parties or entities they govern include the responsibility of States of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, and the requirement for States of Registry to develop or adopt measures to maintain airworthiness. CASA, as Australia's national airworthiness authority, must assess any ADs issued by States of Design and determine if Australian ADs are necessary. Additionally, CASA must ensure that ADs are issued in compliance with the legislative framework and that they accurately reflect the safety requirements for the aircraft in question.
For breaches of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are potential civil and criminal consequences. Although the specific offences and penalties are not detailed in the provided text, breaches of aviation safety regulations can generally lead to significant penalties under Australian law. For example, individuals or corporations found in breach of safety regulations may face fines, imprisonment, or both, depending on the severity and intent of the violation. The maximum penalties can vary widely, but they are often substantial, reflecting the critical nature of maintaining air safety and the potential risks associated with non-compliance.