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/BEECH 200/20 Amendment 3 affecting Beech 200 series model aeroplanes not equipped with a cargo door. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 200/20 Amendment 3. The cancellation will become effective on
25 September 2008. 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 legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly to promote the safety of air navigation, as seen in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, falling under the purview of the Legislative Instruments Act 2003. The Civil Aviation Safety Authority (CASA) is tasked with assessing information from the State of Design and issuing Australian ADs to mandate the requirements of the State of Design, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The issuance and cancellation of ADs, such as the AD/BEECH 200/20 Amendment 3 for Beech 200 series aeroplanes, are conducted by CASA in accordance with the provisions of the Civil Aviation Act 1988, reflecting Australia’s commitment to international safety standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the regulation of airworthiness directives (ADs) in Australia. Specifically, under section 98 of the Act, the Governor-General has the power to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This legislation applies to all aircraft and aeronautical products within Australia's jurisdiction, including those operated by individuals, companies, and government entities. ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. As Australia is a party to the Convention on International Civil Aviation, ADs issued by the State of Design must be assessed and, if appropriate, adopted by CASA as Australian ADs to ensure compliance with international standards for the continuing airworthiness of aircraft. In the case of AD/BEECH 200/20 Amendment 3, CASA cancelled the directive due to the resolution of the unsafe condition identified, with no replacement AD required. The cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Governor-General to establish regulations that ensure the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations include the State of Design taking overall responsibility for the continuing airworthiness of an aircraft type and providing necessary information to States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. States of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with an AD can result in significant consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA can cancel an AD if it is deemed no longer necessary, as was the case with AD/BEECH 200/20 Amendment 3, which affected Beech 200 series model aeroplanes. This cancellation was effective from 25 September 2008, and no further action was required as the unsafe condition had been rectified. Given that this AD was cancelled due to international obligations, no consultation with the Australian public was necessary, and the Office of Best Practice Regulation 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 the event of non-compliance with an AD, there can be severe penalties. Section 91 of the Civil Aviation Act 1988 outlines various offences related to non-compliance with airworthiness directives, with penalties potentially including substantial fines and imprisonment. The specific penalties depend on the nature and severity of the breach, but they can be severe, reflecting the high stakes involved in ensuring aviation safety.