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 23/43 affecting Beech 23 aircraft in 1984. 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, governs the regulation of civil aviation and aims to ensure the safety of air navigation. Under the Act, the Civil Aviation Safety Regulations 1998 were introduced to provide further detail and direction on various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These regulations enable the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products to maintain airworthiness standards. The Civil Aviation Act 1988 and its supporting regulations are designed to align with international standards set by the International Civil Aviation Organization (ICAO) and to meet the overarching policy objective of ensuring the safety of air navigation within Australia.
In accordance with these legislative instruments, CASA issued an airworthiness directive (AD/BEECH 23/43) concerning Beech 23 aircraft in 1984. Following a review, CASA has decided to cancel this AD, effective from 27 August 2009, as the original unsafe condition no longer exists and thus, no replacement AD is necessary. The cancellation of this AD is intended to reduce the regulatory burden, and no consultation with the Australian public was required, as determined by the Office of Best Practice Regulation. The AD cancellation was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in compliance with the legislative framework established by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as authorised by section 98 of the Civil Aviation Act 1988. These directives are legislative instruments that ensure compliance with international standards for airworthiness, particularly as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry bear primary responsibilities for the continuing airworthiness of aircraft types and individual aircraft, respectively. CASA’s role involves overseeing these responsibilities, and in the case of AD/BEECH 23/43, CASA has decided to cancel the directive issued in 1984, effective 27 August 2009, due to the resolution of the original unsafe condition. This cancellation aims to reduce regulatory burden and has been determined not to require a Regulatory Impact Statement. The AD cancellation process has been conducted without public consultation, and the decision was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) provide the framework under which airworthiness directives (ADs) can be issued. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901, and thus subject to the provisions of the Legislative Instruments Act 2003.
The obligations imposed by the ADs under the Civil Aviation Act 1988 and the CASR include ensuring the continuing airworthiness of aircraft types and individual aircraft. The State of Design, which is responsible for the initial certification of an aircraft type, must provide necessary information to ensure that the type remains airworthy, while the State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to maintain its airworthiness. This is in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, acting as the State of Registry for Australian-registered aircraft, has the authority to issue ADs to address specific safety issues or conditions that could affect the airworthiness of aircraft.
Non-compliance with ADs can lead to serious safety risks and legal consequences. While the Civil Aviation Act 1988 and the CASR do not explicitly outline specific offences or penalties for non-compliance with ADs, failure to comply can result in severe civil or criminal consequences, including fines, imprisonment, or both, under other sections of the Act. The severity of the penalties depends on the nature and extent of the non-compliance, and CASA has the authority to enforce compliance through various means, including inspections, audits, and legal action.
In the case of the AD/BEECH 23/43 issued in 1984, CASA has determined that the directive is no longer necessary as the original unsafe condition it was addressing no longer exists. The cancellation of this AD, effective from 27 August 2009, was made without public consultation due to its minimal impact on regulatory burden, and no replacement AD is required. This decision was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with the legislative authority granted under section 84A(2) of the Civil Aviation Act 1988.