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 200/37 affecting all models of Beechcraft 200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 200/37. 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, 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 was enacted to ensure the safety of air navigation and the regulation of civil aviation in Australia. This legislation was introduced to address the need for comprehensive and standardised regulation of civil aviation activities, ensuring safety and efficiency within Australia's airspace. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, further detail the requirements and procedures for maintaining airworthiness standards. One key aspect of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act empowers CASA to issue ADs for specific types of aircraft or aeronautical products to mandate safety requirements, ensuring the continuing airworthiness of aircraft registered in Australia. These ADs are aligned with international standards set by the International Civil Aviation Organization (ICAO) and are integral to maintaining safety standards across the global aviation industry. The cancellation of Australian AD/BEECH 200/37, affecting all models of Beechcraft 200 series aeroplanes, exemplifies the regulatory process CASA undertakes to ensure the safe operation of aircraft within Australia's jurisdiction.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and can be disallowed under the Acts Interpretation Act 1901. The ADs align with the international standards set out in Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft. Consequently, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The Act and Regulations apply to all entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers within Australia. The geographic reach of these regulations is national, as they pertain to all aircraft registered in Australia, irrespective of where they are operated internationally. The ADs are designed to cover all models of specified aircraft, and there are no explicit exclusions or exemptions mentioned within the provided text. The scope of application might be further refined or extended through subordinate instruments, although no such extensions or restrictions are noted in the given text.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments.
Under the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type and must furnish necessary information to the States of Registry to ensure this airworthiness. The State of Registry, in turn, is responsible for the ongoing airworthiness of individual aircraft. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
In accordance with these regulations, CASA has issued and subsequently cancelled AD/BEECH 200/37, which affected all models of Beechcraft 200 series aeroplanes. The cancellation of this AD will take effect on 25 September 2008. This action was taken because the unsafe condition identified by the AD no longer exists, and no replacement AD is required. The cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and therefore, there was no need for consultation with the Australian public. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This legal framework ensures that CASA can effectively manage and communicate airworthiness requirements to maintain safety standards in civil aviation.