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 23/13 affecting Beech 23 aircraft in 1968. 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 provide a framework for the regulation of civil aviation in Australia, with a particular focus on safety. It empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Among these regulations are the Civil Aviation Safety Regulations 1998, which were created to further ensure the safety of air navigation by providing, among other things, the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This mechanism is integral to maintaining the continuing airworthiness of aircraft, as required under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for such airworthiness on the State of Design and the State of Registry.
In line with these regulations, CASA issued an airworthiness directive for Beech 23 aircraft in 1968, which has since been reviewed and deemed no longer necessary. Consequently, CASA has decided to cancel the directive, which will become effective on 27 August 2009, as the unsafe condition it was intended to address no longer exists. The cancellation of this directive is expected to reduce the regulatory burden, and no public consultation was required. The decision to cancel the directive was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations under the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. As a legislative instrument, ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The State of Design and the State of Registry bear primary responsibility for the continuing airworthiness of aircraft, and ADs serve as the principal means of disseminating continuing airworthiness information in line with Annex 8 to the Convention on International Civil Aviation. The AD/BEECH 23/13, issued by CASA in 1968 for Beech 23 aircraft, is set to be cancelled on 27 August 2009, as the original safety concern no longer exists, thereby reducing the regulatory burden without necessitating a replacement AD. The cancellation of this AD did not require consultation with the Australian public, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD cancellation has been authorised by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are subject to the provisions of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these regulations centre around ensuring the continuing airworthiness of aircraft. The State of Design, which is typically the country where the aircraft type is designed, has the responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type, in line with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as the regulatory body in Australia, issues ADs to enforce these requirements and ensure compliance by aircraft operators.
There are specific consequences for non-compliance with airworthiness directives. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not detail specific offences or penalties for failing to comply with an AD, non-compliance can result in significant civil and criminal consequences. Civil penalties can include fines, and in more severe cases, criminal penalties may be imposed, including imprisonment. The exact penalties depend on the nature and severity of the non-compliance, as well as any resultant harm or risk to safety.
In the specific case of the AD/BEECH 23/13 affecting Beech 23 aircraft, CASA has decided to cancel the AD, which will become effective on 27 August 2009. This cancellation reflects that the original unsafe condition addressed by the AD no longer exists. No consultation with the Australian public was necessary because the cancellation reduces the regulatory burden. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.