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 121/4 affecting Beagle B121 (Pup) series aeroplane. CASA has assessed this AD and as a result has cancelled Australian AD/BEA 121/4. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is a foundational piece of legislation in Australia that governs civil aviation activities within the country. Enacted to provide a comprehensive framework for the safety and regulation of civil aviation, the Act was introduced to address the need for a unified legal structure that ensures the safety of air navigation and the orderly development of civil aviation in Australia. The Act was enacted by the Australian Parliament and its overarching policy objective is to ensure the highest standards of safety and efficiency in civil aviation.
One of the mechanisms through which the Civil Aviation Act 1988 achieves its objectives is through the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments and are issued by the Civil Aviation Safety Authority (CASA) to mandate specific actions required to maintain the airworthiness of aircraft. Such directives are crucial for addressing safety concerns and ensuring that aircraft meet continuing airworthiness standards as stipulated by the Convention on International Civil Aviation. The legislative process for these directives, as highlighted in the explanatory statement for F2009L02252, involves CASA assessing international ADs and, where necessary, issuing corresponding Australian ADs to align with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the overarching authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives serve as legislative instruments under the Acts Interpretation Act 1901, reflecting their significance in maintaining safety standards within the aviation industry. The application of these directives extends to both the State of Design and the State of Registry of an aircraft, with the former responsible for the continuing airworthiness of an aircraft type and the latter ensuring the airworthiness of individual aircraft. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, is mandated to assess and potentially issue corresponding ADs to align with international standards set by the Convention on International Civil Aviation. This regulation applies to all entities involved in the design, manufacture, and operation of aircraft within Australia, ensuring adherence to safety protocols and standards set by international and domestic legislation.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia. Under section 98, the Governor-General is empowered to make regulations necessary for the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003, and are disallowable under section 46A of the Acts Interpretation Act 1901. According to Annex 8 of 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 the States of Registry, which in turn are responsible for ensuring the continuing airworthiness of individual aircraft within their jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements.
Obligations under the Civil Aviation Safety Regulations 1998 and associated ADs are primarily placed on CASA and the States of Registry. CASA must assess information provided by the State of Design and determine whether an Australian AD is necessary. If an AD is issued, the State of Registry and aircraft operators must comply with the requirements outlined in the AD. This includes conducting necessary inspections, repairs, or modifications to the aircraft to ensure it meets the safety standards set forth by the AD. Furthermore, aircraft operators are required to maintain records of compliance with ADs and make these records available for inspection by CASA upon request.
Failure to comply with airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement action against individuals or entities that fail to comply with ADs. This can include fines, suspension or revocation of airworthiness certificates, and potential criminal charges. The maximum penalties for breaches can vary depending on the nature and severity of the offence. For example, under section 93 of the Act, a person who contravenes a direction issued under an AD may be subject to a penalty of up to $22,200 for an individual and up to $111,000 for a body corporate. In more severe cases, CASA can also refer matters to the Australian Federal Police for criminal investigation and prosecution, which can result in significant fines and imprisonment.