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 23/40 affecting Beechcraft 19, 23 and 24 series aircraft in 1981. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 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 ensure the safety of air navigation and to provide a framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. Under this legislative umbrella, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as outlined in regulation 39.001(5) of the Civil Aviation Safety Regulations, are considered disallowable instruments under the Acts Interpretation Act 1901 and are thus classified as legislative instruments. The policy objective behind these provisions is to ensure that aircraft and aeronautical products remain airworthy and meet international standards as stipulated in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a regulatory framework for airworthiness directives (ADs) in Australia, focusing on the safety of air navigation. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products. Such directives are considered legislative instruments as per the Legislative Instruments Act 2003 and can be disallowed under the Acts Interpretation Act 1901. These regulations apply to all aircraft registered in Australia and their operators, ensuring compliance with airworthiness standards. CASA, as Australia's national airworthiness authority, must assess and, where necessary, implement ADs issued by the State of Design to maintain the continuing airworthiness of aircraft types registered in Australia. The geographic reach of these regulations is national, applying to all aircraft within Australia's jurisdiction. While the Act and its subordinate regulations provide comprehensive coverage, there are no specific exclusions or exemptions mentioned in the text provided, and the application extends to all aircraft types and operators within Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as referenced in the explanatory statement, focus on the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Additionally, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties or entities they govern include ensuring the continuing airworthiness of aircraft. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs if appropriate to mandate the necessary requirements.
In terms of potential breaches and their consequences, the explanatory statement does not specify particular offences or penalties related to the cancellation of the AD/BEECH 23/40. However, general provisions of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 would likely apply if there were any failures to comply with airworthiness directives. These could include fines or imprisonment for individuals, and financial penalties for corporations, as outlined in the relevant sections of the Act and Regulations. The specific penalties would depend on the nature and severity of the breach, as well as any associated harm or risk to public safety.