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 36/15, affecting BEECH 36 model aircraft in 1973. 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 all affected aircraft will have been inspected, and if necessary modified, long ago. Hence, this AD is no longer required.
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 Australian Parliament, was introduced to regulate civil aviation within Australia and to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of aviation safety, a responsibility exercised through the Civil Aviation Safety Regulations 1998. One such regulation is 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are legislative instruments, aim to maintain the continuing airworthiness of aircraft as per international standards, specifically under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act and its regulations seek to ensure that the State of Registry, such as CASA in Australia, mandates appropriate measures to uphold the airworthiness of aircraft, thereby safeguarding public safety in air travel.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation safety in Australia, with a particular focus on the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Regulations 1998 further detail the process under which CASA can issue these airworthiness directives, which are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901. The geographic reach of this legislation is national, as CASA acts as Australia's overarching airworthiness authority. The regulations apply to all entities involved in civil aviation in Australia, including aircraft manufacturers, operators, and the State of Registry responsible for individual aircraft. The application of these regulations is international in scope, aligning with the requirements set forth by the International Civil Aviation Organization (ICAO). There are no specific exclusions or exemptions mentioned within the text, but the scope of application extends through subordinate instruments to cover the assessment and implementation of airworthiness directives as determined necessary by CASA.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, provide that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 supports this authority, empowering the Governor-General to enact regulations for the safety of air navigation. An AD is defined in subregulation 39.001(5) as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is therefore considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical in maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft was originally designed, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must share necessary information with States of Registry. In Australia, CASA, as the national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This process ensures that all aircraft registered in Australia comply with international safety standards.
CASA recently issued AD/BEECH 36/15 for the BEECH 36 model aircraft manufactured in 1973. Following a review, CASA has decided to cancel this AD effective from 5 June 2008. This cancellation is due to the fact that all affected aircraft have already undergone the necessary inspections and modifications, rendering the AD obsolete. As the cancellation reduces the regulatory burden, no consultation with the Australian public was deemed necessary. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that CASA maintains the safety and airworthiness of aircraft operating in Australia by periodically reviewing and updating airworthiness directives as necessary.