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 23/27 Amdt 1 affecting certain models of Beech 19, 23 and 24 series aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 23/27 Amdt 1. The cancellation will become effective on 17 January 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 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 legal framework for the regulation of civil aviation within Australia, ensuring safety and efficiency in air navigation and operations. It empowers the Governor-General to make regulations under section 98 to safeguard air navigation, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative structure is designed to align with international standards, specifically under Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types, necessitating coordination with the States of Registry to implement appropriate safety measures. The act facilitates CASA's role in assessing foreign airworthiness directives and, where necessary, issuing corresponding Australian directives to maintain safety standards and comply with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the overall responsibility for maintaining airworthiness and the State of Registry with the responsibility for ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, evaluates ADs issued by other contracting states and issues corresponding Australian ADs when necessary. For instance, CASA issued and subsequently cancelled AD/BEECH 23/27 Amdt 1 concerning certain models of Beech 19, 23, and 24 series aircraft, which has been effective from 17 January 2008, based on Australia's international obligations and the resolution of the previously identified unsafe condition. This cancellation was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with the Civil Aviation Act 1988, and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for air navigation safety, and the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, as it is a disallowable instrument in accordance with section 46A of the Acts Interpretation Act 1901. These ADs are a common form of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
The State of Design, which is the country where the aircraft is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, and must provide any necessary information to the States of Registry. The State of Registry, on the other hand, is responsible for the continuing airworthiness of each individual aircraft registered within its territory. In the case of Australia, CASA, as the national airworthiness authority, must evaluate the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This process was followed when CASA issued and subsequently cancelled AD/BEECH 23/27 Amdt 1, which affected certain models of Beech 19, 23, and 24 series aircraft.
The cancellation of AD/BEECH 23/27 Amdt 1 took place due to Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was conducted on this matter. 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 of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Under the Civil Aviation Safety Regulations 1998, entities such as aircraft manufacturers, operators, and maintenance providers must comply with ADs and other airworthiness requirements to ensure the safety and airworthiness of aircraft. Failure to adhere to these requirements can result in severe consequences, including potential civil or criminal penalties. For example, if an aircraft operator fails to comply with an AD, they could face fines or imprisonment, as well as having their operating certificate suspended or revoked. Similarly, aircraft manufacturers and maintenance providers that do not comply with ADs may face fines, imprisonment, or other civil penalties. It is essential for all stakeholders to be aware of and comply with ADs and other airworthiness requirements to maintain the safety and integrity of the aviation industry.