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 121/21 affecting Beagle B121 (Pup) series aeroplane. CASA has assessed this AD and as a result has cancelled Australian AD/BEA 121/21. 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, enacted to ensure the safety of air navigation and related areas, empowers the Governor-General to establish regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in the Civil Aviation Safety Regulations 1998. ADs are legislative instruments, issued under Annex 8 of the Convention on International Civil Aviation, which mandate requirements to ensure the continuing airworthiness of aircraft. The State of Registry, in this case CASA, has the responsibility to assess foreign ADs and, if necessary, issue corresponding Australian ADs. In line with international obligations and internal safety standards, CASA has cancelled Australian AD/BEA 121/21 concerning Beagle B121 (Pup) series aeroplanes, effective from 2 July 2009, as the previously identified unsafe condition no longer exists. This cancellation was made without public consultation and does not require a Regulatory Impact Statement. The decision to cancel the AD was executed by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 stipulates that CASA can issue ADs for specific kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft types registered in Australia. The ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, and mandates that necessary information be provided to the appropriate States of Registry. In the case of Australia, CASA, as the national airworthiness authority, assumes the responsibility of assessing information provided by the State of Design and issuing Australian ADs to enforce the required safety measures. The ADs are a critical mechanism in ensuring the safety and airworthiness of aircraft operating within Australian jurisdiction, reflecting Australia’s commitment to international civil aviation safety standards.
Key Provisions
The primary operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) include section 98 of the Act, which allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. As specified in subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is also a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This means that ADs carry the force of law and must be adhered to by the relevant parties.
The obligations imposed by these regulations primarily concern the State of Design and the State of Registry. The State of Design has a responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that any identified safety issues are addressed in a manner consistent with international standards and obligations.
Failure to comply with an AD can result in significant legal consequences. The regulations do not explicitly state penalties for non-compliance, but violations of ADs can lead to severe civil or criminal penalties, depending on the nature and severity of the breach. For instance, non-compliance with airworthiness directives can result in fines, imprisonment, or both, as these regulations are integral to maintaining the safety of air navigation. The exact penalties are typically outlined in other relevant legislation or regulations, but the consequences for breaching ADs are generally severe due to their critical role in aviation safety.
In the specific case of AD/BEA 121/21 concerning the Beagle B121 (Pup) series aeroplane, CASA assessed the directive and determined that the unsafe condition no longer existed, leading to the cancellation of the AD. This cancellation was in line with Australia’s obligations under the Convention on International Civil Aviation, and no consultation with the Australian public or requirement for a Regulatory Impact Statement was necessary. The cancellation became effective on 2 July 2009, and no replacement AD was required, indicating that CASA had fulfilled its duty to address and resolve the previously identified safety issues. This process was carried out by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.