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/BEA 109/3 affecting Beagle A.109 series aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia, including the safety of air navigation. To ensure the continued safety and airworthiness of aircraft, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that can be disallowed by Parliament. These ADs are vital for maintaining the safety standards as per international conventions, such as 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 issue corresponding ADs when the State of Design mandates requirements for types of aircraft on the Australian Register. In this context, CASA has decided to cancel AD/BEA 109/3 for Beagle A.109 series aircraft, effective 17 January 2008, due to the resolution of the original unsafe condition by a more recent directive, AD/GENERAL/74 Amendment 1. This decision was made without public consultation and does not require a Regulatory Impact Statement, as it results in a reduction of regulatory burden.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 together establish the framework for ensuring the safety of air navigation in Australia. The Act authorises the Governor-General to make regulations that contribute to this objective, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and their issuance is aligned with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with ensuring the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must enforce these standards domestically. In the context of AD/BEA 109/3, CASA has decided to cancel the directive concerning Beagle A.109 series aircraft, effective from 17 January 2008, as the safety concerns it addressed are now covered by a different directive, AD/GENERAL/74 Amendment 1. Given that the cancellation reduces the regulatory burden, it did not necessitate public consultation or a Regulatory Impact Statement. The AD cancellation is issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative requirements.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, specifically concerning airworthiness directives (ADs), are detailed in regulation 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products under section 98 of the Civil Aviation Act 1988, aimed at ensuring the safety of air navigation. Subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act on parties and entities governed by these regulations include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of an aircraft type to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. For example, when an AD is issued by the State of Design against a type of aircraft on the Australian Register, CASA must review the information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The consequences for non-compliance with the ADs or any associated regulations are not explicitly detailed in the provided text. However, it is reasonable to infer that failure to adhere to ADs could lead to significant safety risks, potentially resulting in civil or criminal penalties under the Civil Aviation Act 1988. Such penalties might include fines or imprisonment, although the specific penalties would depend on the nature and severity of the non-compliance.
The legislative process for issuing ADs is formal and involves specific roles within CASA. For instance, the AD/BEA 109/3 affecting Beagle A.109 series aircraft, issued in 1972, was reviewed and subsequently cancelled by CASA. The cancellation was effective from 17 January 2008, and it was determined that no replacement AD was necessary as the original safety issue was addressed by another AD. The decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act. This decision did not require public consultation or a Regulatory Impact Statement as it was deemed to reduce the regulatory burden.