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 23/3 affecting Beech 23 aircraft in 1964. 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, enacted by the Australian Parliament, provides the legislative framework for the regulation of civil aviation within Australia. This Act was introduced to address the need for a comprehensive and cohesive legal structure that ensures the safety, efficiency, and orderly development of civil aviation. The Act allows for the creation of regulations that serve to maintain the safety of air navigation, one of which is the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are designed to ensure the continuing airworthiness of aircraft, thereby aligning with international standards set out by the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design's responsibility for the airworthiness of an aircraft type and the State of Registry's duty to ensure the ongoing airworthiness of individual aircraft. In accordance with the Legislative Instruments Act 2003, ADs are considered legislative instruments, and their issuance is subject to scrutiny under the Acts Interpretation Act 1901. The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, outline the authority and processes for CASA to issue such directives, ensuring they meet the overarching policy objective of enhancing aviation safety in Australia.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, establish a framework for the regulation of civil aviation in Australia, with a specific focus on safety. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Authority (CASA) being the body responsible for enforcing these regulations. Regulation 39.001 allows CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The ADs are designed to ensure the continuing airworthiness of aircraft in accordance with Annex 8 of the Convention on International Civil Aviation, which places the responsibility of ensuring airworthiness on the State of Design and the State of Registry. The AD/BEECH 23/3, issued in 1964 and now cancelled by CASA, is an example of how these regulations are applied to specific aircraft models. The cancellation of this AD, effective from 27 August 2009, demonstrates CASA's role in managing the safety standards of aircraft operating within Australia, ensuring that any regulatory measures are both necessary and proportionate.
Key Provisions
The key operative sections of this piece of legislation pertain primarily to the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, specifically in the interest of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of these regulations designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
These provisions impose certain obligations and requirements on parties and entities governed by the Act. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the overall responsibility for the continuing airworthiness of an aircraft type and must provide any necessary information to ensure the type's airworthiness to the appropriate State of Registry. Similarly, the State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In the context of this specific legislation, CASA, as the State of Registry, issued an airworthiness directive (AD/BEECH 23/3) affecting Beech 23 aircraft in 1964. However, after reviewing the AD, CASA has decided to cancel it, as the original unsafe condition no longer exists.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also establish potential offences, penalties, or civil/criminal consequences for breaches of the regulations. However, this particular piece of legislation does not provide explicit information on the maximum penalties or specific consequences for breaching the airworthiness directive. Instead, it highlights the importance of ensuring the safety of air navigation and the continuing airworthiness of aircraft types and individual aircraft. The Act and regulations work in conjunction with international standards, such as Annex 8 to the Convention on International Civil Aviation, to provide a comprehensive framework for the regulation of civil aviation safety in Australia.