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 United States FAA has issued AD 2006-04-10 affecting Cessna Model 560 and 560XL aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 560/7, which will become effective on 11 May 2006.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for ensuring the safety of civil aviation in Australia. It empowers the Governor-General to create regulations that promote the safety of air navigation, and specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These directives are legislative instruments under the Legislative Instruments Act 2003. The Act is designed to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australia's aviation safety measures are consistent with global practices. The policy objective is to maintain and enhance the safety of air navigation by mandating compliance with airworthiness standards set forth by the State of Design and enforced by CASA as Australia's national airworthiness authority.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to a broad range of entities, including aircraft manufacturers, operators, and other stakeholders involved in the aviation industry, with the overarching goal of ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance with certain safety requirements. The scope of this legislation extends to all aircraft registered in Australia and is influenced by international standards as set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, the United States, has the responsibility to issue ADs for aircraft types it designs, and CASA, as Australia’s national airworthiness authority, must assess these directives and, if necessary, issue corresponding Australian ADs to ensure compliance. This particular AD was issued in response to FAA AD 2006-04-10 for Cessna Model 560 and 560XL aircraft, reflecting Australia's commitment to international civil aviation obligations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include section 98 of the Act, which grants the Governor-General the authority to make regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The ADs are issued under the authority of the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type, in accordance with Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties or entities they govern include ensuring the continuing airworthiness of aircraft. The State of Design must provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry, while the State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 also establish the process for issuing ADs and the roles of the State of Design and the State of Registry. The United States Federal Aviation Administration (FAA) has issued AD 2006-04-10 affecting Cessna Model 560 and 560XL aircraft, and CASA has assessed this AD and issued Australian AD/CESSNA 560/7, which will become effective on 11 May 2006. The issuance of ADs is governed by Annex 8 to the Convention on International Civil Aviation, and as such, the Australian public has not been consulted regarding this specific AD. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, failure to comply with airworthiness directives could potentially result in aircraft being grounded or deemed unairworthy, which could lead to serious safety implications and legal consequences for the aircraft operator. The specific penalties for such breaches would be determined by the relevant aviation authority and could include fines, suspension or revocation of aircraft operating certificates, or other enforcement actions.