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 23/41 affecting Beechcraft 19, 23 and 24 series aircraft in 1983. 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 address the need for comprehensive regulation of civil aviation within Australia, ensuring safety and efficiency in the industry. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Among these regulations are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and are a legislative instrument under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its accompanying regulations were developed in alignment with international standards, particularly those set by the Convention on International Civil Aviation, ensuring that Australia's aviation safety practices meet global benchmarks.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, mandate safety measures and compliance requirements for the types of aircraft registered in Australia. The authority to issue such directives is grounded in the overarching responsibility of the State of Design for the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation, and the corresponding duty of the State of Registry to ensure the safety of individual aircraft. CASA's role involves assessing directives from the State of Design and, when necessary, issuing Australian ADs to enforce these safety standards. The scope of these regulations extends nationally, impacting all aircraft and aeronautical products registered within Australia. The application of these directives is subject to the regulatory framework established by the Civil Aviation Act and its subsidiary regulations, without any stated exclusions or exemptions in the specific context of the AD cancellation for the Beechcraft 19, 23, and 24 series aircraft, which was determined to be appropriate due to the resolution of the initial safety concern.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory power is further clarified by subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Such directives are a critical component of ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, the State of Design of an aircraft type holds primary responsibility for its continuing airworthiness, which includes providing necessary information to other States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the ongoing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, must review and, if deemed appropriate, issue a corresponding AD for Australian-registered aircraft to mandate the requirements outlined by the State of Design.
CASA issued AD/BEECH 23/41 in 1983, affecting Beechcraft 19, 23, and 24 series aircraft. After a review, CASA has decided to cancel this directive, effective from 24 September 2009. This cancellation is due to the resolution of the original unsafe condition, and no replacement AD is necessary. The decision to cancel the AD was made without public consultation as it leads to a reduction in regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, has issued this AD cancellation in accordance with subsection 84A(2) of the Act. This process ensures that CASA adheres to the legislative requirements and maintains the safety and airworthiness standards for Australian aircraft.