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 36/25, affecting BEECH 36 model aircraft in 1976. 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 provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. Regulation 39.001 of these regulations provides CASA with the authority to issue ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. This legislative process aligns with international standards set out in Annex 8 to the Convention on International Civil Aviation, ensuring that Australian regulations are consistent with global practices for maintaining the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of safety, and regulation 39.001 specifically empowers CASA to issue ADs for particular types of aircraft or aeronautical products. These ADs, being disallowable instruments, are considered legislative instruments under the Legislative Instruments Act 2003. The ADs issued by CASA must align with the responsibilities of the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA’s role includes assessing information from the State of Design and, when necessary, issuing Australian ADs to enforce compliance with airworthiness requirements. For instance, the AD/BEECH 36/25 concerning 1976 BEECH 36 model aircraft has been cancelled by CASA as it is no longer necessary, resulting in a reduction of regulatory burden without requiring a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's purpose, particularly in enhancing air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are formal instructions aimed at ensuring that aircraft remain in a safe condition for operation. As per subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations are significant for various parties involved. The State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for the continuing airworthiness of that aircraft type as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. On the other hand, the State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. For Australia, CASA, acting as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the necessary requirements.
Failing to comply with the ADs can lead to serious consequences. Under the Civil Aviation Act 1988, violations of airworthiness regulations can result in both civil and criminal penalties. The specific penalties for non-compliance with ADs may include fines and imprisonment. For example, under section 97 of the Act, a person who contravenes a regulation can be liable to a fine of up to 300 penalty units (approximately AUD 45,000) for an individual and up to 1,500 penalty units (approximately AUD 225,000) for a body corporate, as well as potential imprisonment for up to two years. These penalties underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.
The legislative framework also specifies that no consultation with the Australian public is required for the cancellation of an AD if it results in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation for the BEECH 36 model aircraft, which is set to become effective on 5 June 2008, follows these guidelines. This AD, issued as AD/BEECH 36/25 in 1976, has been reviewed by CASA, which has decided that it is no longer necessary as all affected aircraft have already been inspected and, if required, modified. Therefore, no replacement AD is needed. The AD cancellation is made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.