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 206/5 affecting Beagle B206 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/BEA 206/5. 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 by the Parliament of Australia, establishes the framework for civil aviation safety in the country. This Act addresses the need for comprehensive regulation of aviation safety to ensure the protection of life and property, and to promote efficient and orderly development of civil aviation. Under section 98, the Governor-General is empowered to make regulations that support the objectives of the Act, specifically focusing on enhancing the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by regulation 39.001. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The policy objective behind these regulations is to align with international standards, particularly those set by the Convention on International Civil Aviation, ensuring that Australian aviation safety practices meet global benchmarks.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, being legislative instruments, are issued under the authority of the Governor-General and apply to all entities responsible for the continuing airworthiness of aircraft registered in Australia. The State of Design, which holds the primary responsibility for the airworthiness of an aircraft type, must provide necessary information to the State of Registry, in this case CASA, to ensure compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, CASA, must then evaluate this information and issue corresponding ADs as needed. The specific AD/BEA 206/5, affecting Beagle B206 series aeroplanes, has been cancelled by CASA due to the resolution of the unsafe condition it was addressing, without the need for public consultation or a Regulatory Impact Statement. This cancellation reflects Australia's commitment to international aviation safety standards and the obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 provides a framework for ensuring the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legal structure ensures that ADs are formally recognised and enforceable under Australian law.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the type's airworthiness to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When the State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that Australian aircraft meet the necessary safety standards in alignment with international obligations.
The Civil Aviation Safety Authority (CASA) or its predecessors issued an AD/BEA 206/5 affecting Beagle B206 series aeroplanes. CASA has subsequently assessed this AD and decided to cancel Australian AD/BEA 206/5, effective from 2 July 2009. This cancellation was made because the unsafe condition addressed by the AD no longer exists, hence no replacement AD is required. The cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was deemed necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The issuance and cancellation of ADs are governed by strict regulatory frameworks. Any failure to comply with these ADs can lead to serious consequences. Violations may result in civil penalties, including fines, or criminal penalties, such as imprisonment, depending on the severity of the breach. The specific penalties are determined based on the nature and extent of the non-compliance with airworthiness requirements, ensuring that safety standards are rigorously upheld.