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/BEA 121/13 affecting Beagle B121 (Pup) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/BEA 121/13. The cancellation will become effective on 2 July 2009. 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a unified approach to aviation safety and standards. This Act empowers the Governor-General to establish regulations that serve the interests of air navigation safety, as evidenced by the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such directives are crucial for maintaining the continuing airworthiness of aircraft, in alignment with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a pivotal role in this regulatory landscape by issuing these directives to ensure compliance with safety standards. The policy objective of the Act is to safeguard public safety and facilitate the efficient operation of civil aviation within Australia, in accordance with international obligations and best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, as per regulation 39.001. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and their creation is further governed by the Legislative Instruments Act 2003. The application of these ADs extends to ensuring the continuing airworthiness of aircraft registered in Australia, in line with the obligations set forth in Annex 8 of the Convention on International Civil Aviation. The State of Design holds primary responsibility for an aircraft type's airworthiness, while the State of Registry, represented by CASA in Australia, must implement the necessary requirements to maintain airworthiness. This regulatory framework underscores CASA's role in assessing and, if necessary, issuing Australian ADs based on international directives to safeguard the safety of air navigation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the Act's purposes, particularly focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
These airworthiness directives serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft types. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA has exercised its authority under this regulation by issuing and subsequently cancelling Australian AD/BEA 121/13 for Beagle B121 (Pup) series aeroplanes. The cancellation of this AD, which took effect on 2 July 2009, was due to the resolution of the unsafe condition that prompted its issuance. No replacement AD is required as the issue has been resolved. This action aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was deemed necessary for the cancellation of this AD. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
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. The process of issuing and cancelling ADs is governed by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, ensuring that CASA can effectively manage the safety of aircraft operating within Australian jurisdiction.