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 23/34 affecting Beech A23 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 23/34. 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 ensure the safety of air navigation, providing a comprehensive legal framework governing civil aviation in Australia. This Act empowers the Governor-General to issue regulations necessary for the safety of air navigation, including the creation of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments designed to maintain the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for issuing and assessing ADs, ensuring compliance with both domestic and international obligations. This legislative framework facilitates the effective management of aircraft safety by mandating specific requirements and ensuring that unsafe conditions are addressed promptly.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, specifically the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) within Australia. The Act empowers the Governor-General to enact regulations that serve the safety of air navigation, with CASA, as Australia's national airworthiness authority, being tasked with enforcing these regulations. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for particular types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. These directives are integral to ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, with CASA fulfilling the latter role for aircraft registered in Australia. In the specific instance of AD/BEECH 23/34, CASA has cancelled this directive pertaining to Beech A23 aircraft due to the resolution of the unsafe condition it addressed, effective from 17 January 2008. The cancellation of this AD was made in accordance with Australia's obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement. The directive was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, pursuant to subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's objectives, specifically focusing on 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. These ADs serve as formal notices that require compliance with certain safety standards or actions, and under subregulation 39.001(5), they are classified as disallowable instruments according to section 46A of the Acts Interpretation Act 1901. Consequently, ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design—the entity responsible for the aircraft's design—has overarching responsibility for the type's continuing airworthiness. This includes providing necessary information to States of Registry to ensure that aircraft remain airworthy. The State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must develop or adopt requirements to meet this responsibility. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. In this context, CASA has assessed and subsequently cancelled the Australian AD/BEECH 23/34 for Beech A23 aircraft, effective 17 January 2008, as the unsafe condition no longer exists.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to monitor and respond to ADs issued by States of Design, ensuring that any necessary Australian ADs are issued to maintain airworthiness standards. For aircraft operators and owners, the obligation is to comply with all relevant ADs to ensure their aircraft remain airworthy and meet regulatory standards. This includes following any specified maintenance, repair, or replacement actions outlined in the ADs.
Breaches of ADs can result in serious consequences. Non-compliance with ADs can be considered a breach of the Civil Aviation Act 1988, potentially leading to enforcement actions by CASA. Such actions may include fines, suspension or revocation of airworthiness certificates, or other regulatory penalties. The maximum penalties for such breaches can be substantial, reflecting the critical importance of air safety. Civil and criminal consequences may also apply, depending on the severity and impact of the non-compliance.