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 200/6 affecting Beech 200 series aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 200/6. The cancellation will become effective on 10 April 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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its key provisions is the authority for the Governor-General to make regulations that promote the safety of air navigation, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail the process for issuing such directives to ensure the continuing airworthiness of aircraft and aeronautical products. These regulations mandate that the Civil Aviation Safety Authority (CASA) must assess international directives issued by the State of Design and, where appropriate, issue corresponding Australian directives to maintain safety standards. The process aligns with international obligations under the Convention on International Civil Aviation, ensuring that Australia adheres to global safety protocols. The cancellation of AD/BEECH 200/6 exemplifies how CASA manages the safety of aircraft within the Australian Register by responding to international directives and ensuring compliance with safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a framework for the regulation of airworthiness directives (ADs) in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, in line with international standards and obligations under the Convention on International Civil Aviation. ADs serve as critical instruments for ensuring the continuing airworthiness of aircraft and are issued by most International Civil Aviation Organization Contracting States. The State of Registry, which in the case of Australian aircraft is CASA, is tasked with ensuring the ongoing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, CASA must assess the information and, if necessary, issue a corresponding Australian AD. The legislative process and the specific ADs are subject to the oversight and interpretation under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, ensuring their validity as legislative instruments. In the instance of AD/BEECH 200/6, which affected Beech 200 series aircraft, CASA has determined that the unsafe condition no longer exists, leading to the cancellation of the AD without the need for public consultation or a Regulatory Impact Statement. This decision was made in accordance with the Civil Aviation Act 1988 and represents the authority’s adherence to international obligations and domestic safety requirements.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations for the Act's purposes and for ensuring air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. As outlined in subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant for various entities. The State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This entails providing necessary information to ensure the type's continued airworthiness to appropriate States of Registry. The State of Registry, on the other hand, is responsible for the continuing airworthiness of an individual aircraft. CASA, acting as Australia's national airworthiness authority, must assess information from the State of Design and issue an Australian AD if necessary to enforce the requirements of the State of Design.
In the case of AD/BEECH 200/6 affecting Beech 200 series aircraft, CASA has assessed the AD and determined that it should be cancelled as the unsafe condition it addressed no longer exists. The cancellation of this AD will take effect on 10 April 2008, and no replacement AD is required. This action aligns with Australia's obligations under the Convention on International Civil Aviation and thus did not necessitate consultation with the Australian public. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are no specified offences, penalties, or civil/criminal consequences for breaching these provisions as outlined in the text. However, failing to comply with an AD could potentially result in regulatory action by CASA, including the possibility of grounding the aircraft or imposing fines or other penalties under the Civil Aviation Act 1988 or related regulations. The exact consequences would depend on the specifics of the non-compliance and the severity of the safety issue involved.