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.
CASA issued AD/BEECH 18/22 affecting Beech 18 aircraft in 1981. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 27 August 2009. No replacement AD is required as the original unsafe condition no longer exists.
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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments and are designed to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The enactment of this legislation was driven by the need to address gaps in aviation safety regulations, particularly concerning the ongoing maintenance and safety standards of aircraft. The policy objective is to uphold high safety standards in air navigation and to ensure compliance with international protocols for the safety of aircraft.
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 for specific types of aircraft or aeronautical products. These directives are integral to ensuring the safety of air navigation and are aligned with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The authority to issue these directives is exercised by CASA and is subject to disallowance under the Acts Interpretation Act 1901, making them legislative instruments. The application of these directives applies to all aircraft within Australia and extends to the ongoing airworthiness management responsibilities of both the State of Design and the State of Registry of the aircraft. The recent cancellation of AD/BEECH 18/22, affecting Beech 18 aircraft, demonstrates the dynamic nature of airworthiness regulation, with CASA determining that the original unsafe condition no longer exists, thus rendering the directive obsolete. This decision, made without public consultation due to its impact on reducing regulatory burden, exemplifies CASA's commitment to maintaining the highest safety standards while also streamlining regulatory practices.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework under which airworthiness directives (ADs) are issued and managed in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that are essential for the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is also considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the State of Design, which is the country where an aircraft type is designed, holds the primary responsibility for the continuing airworthiness of that aircraft type under Annex 8 to the Convention on International Civil Aviation. This obligation includes providing necessary information to ensure the airworthiness of the aircraft type to the State of Registry. The State of Registry, in turn, is responsible for developing or adopting requirements to ensure the continuing airworthiness of the individual aircraft under its jurisdiction. For instance, CASA, as the State of Registry, issued AD/BEECH 18/22 in 1981 for Beech 18 aircraft. Following a review, CASA decided to cancel this AD, which will become effective on 27 August 2009. This cancellation was based on the fact that the original unsafe condition no longer exists, hence no replacement AD is needed.
The cancellation of AD/BEECH 18/22 did not necessitate consultation with the Australian public, as it was determined to result in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation found that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Regarding consequences, while specific offences, penalties, or consequences for breach are not detailed in the text, it is implied that non-compliance with ADs could lead to safety issues, potentially resulting in severe civil or criminal penalties as prescribed by the Civil Aviation Act 1988 and associated regulations.