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 300/4 affecting Beechcraft 300 series aeroplanes in 1992. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 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, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, as outlined in section 98. Specifically, under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products, as per regulation 39.001. According to the Legislative Instruments Act 2003, an AD is classified as a legislative instrument. This legislative framework is designed to align with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as the entity responsible for the ongoing airworthiness of an aircraft type, and mandates the provision of necessary information to States of Registry to maintain airworthiness.
In accordance with this international agreement, CASA, as Australia's national airworthiness authority, is obligated to evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The Civil Aviation Safety Regulations 1998 were amended to reflect this process, ensuring that the ongoing airworthiness of aircraft registered in Australia is rigorously maintained. The AD/BEECH 300/4, initially issued in 1992 concerning Beechcraft 300 series aeroplanes, was reviewed and subsequently cancelled by CASA, effective 22 October 2009, as the original safety concerns no longer applied. This decision was made under the authority vested in CASA by the Civil Aviation Act 1988, reflecting the policy objective of reducing regulatory burdens where appropriate without compromising safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Instrument 2009 pertains to the Civil Aviation Act 1988 and applies to aircraft and aeronautical products, specifically those registered in Australia, ensuring they meet safety standards set by the Civil Aviation Safety Regulations 1998. This legislation mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives, which are enforceable regulations designed to maintain the airworthiness of specific types of aircraft. These directives apply to all aircraft types that are subject to Australian registration, irrespective of their design origin, ensuring adherence to international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The authority to issue these directives is derived from the Act and is executed through CASA, reflecting the Commonwealth's commitment to aviation safety. The geographic reach of this legislation is national, extending to all aircraft registered within Australia, thereby impacting the aviation industry across the country. The Act does not explicitly mention any exclusions or exemptions, but the regulatory burden is reduced when directives are cancelled, as seen in the case of the Beechcraft 300 series aeroplanes.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the safety interests of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Airworthiness directives are essential tools for ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the initial airworthiness of a particular aircraft type, must provide necessary information to ensure the ongoing safety and airworthiness of that type to States of Registry. In accordance with Annex 8 to the Convention on International Civil Aviation, these ADs are the primary means through which States of Design communicate continuing airworthiness requirements. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA is obligated to review this information and, if appropriate, issue a corresponding Australian AD. This ensures that the safety requirements of the State of Design are mandated in Australia.
CASA issued AD/BEECH 300/4 in 1992, which affected Beechcraft 300 series aeroplanes. After reviewing the AD, CASA has decided to cancel it, effective from 22 October 2009. This cancellation is based on the determination that the original unsafe condition no longer exists, and thus no replacement AD is necessary. No public consultation was conducted for this cancellation as it is deemed to reduce the regulatory burden. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This provision allows CASA to take necessary actions to ensure the continuing safety and airworthiness of aircraft within Australia's jurisdiction.