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.
CASA issued AD/BEECH 23/38, affecting Beech 19, 23 and 24 series aircraft in 1978. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 10 April 2008. 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, Airframes 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 framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation and to address any gaps in existing legislation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory measures, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The policy objective of this Act, as stated, is to maintain and enhance the safety standards of civil aviation within Australia by providing a robust legislative basis for the regulation of aircraft and aeronautical products. CASA's role in issuing airworthiness directives is critical in maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to particular types of aircraft or aeronautical products in Australia. This regulatory framework ensures the safety of air navigation as mandated by the Act, with CASA acting under the authority granted by regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, play a critical role in maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, is tasked with ensuring that these regulations are implemented effectively to safeguard air navigation safety. Notably, CASA's authority to issue these directives is subject to the oversight mechanisms provided by the Legislative Instruments Act 2003, ensuring that any ADs are aligned with broader legislative and regulatory objectives.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that align with the Act's objectives, particularly those concerning the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of the same regulations specifies that an AD is a disallowable instrument as defined in section 46A of the Acts Interpretation Act 1901, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation outlines the responsibilities of the State of Design, which includes providing necessary information to ensure the continuing airworthiness of an aircraft type to the States of Registry.
The obligations imposed by these regulations require the State of Design to maintain the airworthiness of a particular aircraft type and to share necessary information with the States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft registered within its jurisdiction. When an AD is issued by a State of Design for a type of aircraft registered in Australia, CASA must evaluate the directive and, if deemed necessary, issue an Australian AD to enforce the requirements. This was exemplified by CASA's issuance of AD/BEECH 23/38 in 1978 for Beech 19, 23, and 24 series aircraft. After reviewing this directive, CASA decided to cancel it, effective from 10 April 2008, as the original unsafe condition no longer exists. Consequently, no replacement AD is required.
Breaching the requirements set forth in the ADs or failing to comply with the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various civil or criminal consequences. However, the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text. It is important to note that ADs are integral to maintaining the safety standards of aircraft, and adherence to these directives is crucial for ensuring the continued airworthiness of registered aircraft. The AD cancellation process, as described, is conducted to reduce the regulatory burden and has been deemed not to require consultation with the Australian public or a Regulatory Impact Statement by the Office of Best Practice Regulation.