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 36/10, affecting BEECH 36 model aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 5 June 2008. No replacement AD is required, as the original unsafe condition is now covered by AD/BEECH 36/44.
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, enacted by the Parliament of Australia, was introduced to regulate civil aviation within the country, ensuring safety and efficiency in air navigation. It provides the legal framework for the regulation of civil aviation activities, including the issuance of airworthiness directives to maintain aircraft safety standards. The Civil Aviation Safety Regulations 1998 complement this Act by detailing specific regulations, including the process for issuing airworthiness directives under regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to mandate safety requirements. This legislative structure ensures that Australia adheres to international standards, particularly those set by the Convention on International Civil Aviation, and maintains the continuing airworthiness of aircraft registered within the country. The Civil Aviation Safety Regulations 1998 further clarify that airworthiness directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. CASA's role as the national airworthiness authority involves assessing international directives and, when necessary, issuing corresponding Australian directives to ensure compliance with safety standards.
Scope and Application
The Civil Aviation Act 1988, complemented by 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, with these directives serving as legislative instruments under section 6 of the Legislative Instruments Act 2003. The issuance of ADs is aligned with Annex 8 to the Convention on International Civil Aviation, where the State of Design bears responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure such airworthiness. As the national airworthiness authority, CASA must assess information from the State of Design and, when necessary, issue Australian ADs to mandate the required airworthiness standards. The scope of the ADs includes the types of aircraft registered in Australia, and the issuance of these directives is a critical component of ensuring safety in air navigation. The Civil Aviation Safety Regulations 1998 specifically outline the process through which these directives are issued, and the authority of CASA in managing airworthiness is clearly defined within the legislative framework.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance and management of airworthiness directives (ADs) in Australia. According to section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These ADs serve as a means for states to communicate necessary information to ensure the continuing airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation.
The obligations under the Act and regulations primarily fall on CASA, which acts as Australia’s national airworthiness authority. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA is responsible for assessing the information and, if deemed necessary, issuing an Australian AD to enforce the requirements set forth by the State of Design. Additionally, the State of Registry must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. This includes developing or adopting necessary requirements to maintain airworthiness, which may involve complying with ADs issued by the State of Design.
Breaches of the ADs can result in significant consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance with an AD may lead to civil or criminal penalties. The specific penalties are not detailed in the provided text, but generally, civil penalties can include fines, and in more severe cases, criminal penalties may apply, potentially resulting in imprisonment. The authority to enforce these penalties lies with CASA, which must act to ensure compliance with the ADs to maintain the highest standards of aviation safety.