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.
The Civil Aviation Safety Authority or its predecessors issued AD/BEECH 50/20 affecting all Beechcraft 50 type/model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 50/20. The cancellation will become effective on 8 May 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies 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 Commonwealth Parliament, serves as the primary legislative framework governing civil aviation in Australia, establishing the legal basis for the safety and regulation of air navigation. It empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One significant aspect of this Act is the issuance of airworthiness directives (ADs), which are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are critical in ensuring the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, assesses and issues ADs based on evaluations of international directives, ensuring that Australian regulations remain consistent with international standards and safety practices. The Act thus addresses the need for a robust and internationally compliant regulatory framework to maintain the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. ADs are essential for maintaining the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States, including Australia. The State of Design has overarching responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft, including the implementation of ADs. In the case of Beechcraft 50 type/model aircraft, CASA issued and subsequently cancelled Australian AD/BEECH 50/20 due to the unsafe condition no longer existing, in line with Australia’s obligations under the Convention on International Civil Aviation. This AD cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the processes and requirements for issuing airworthiness directives (ADs) to ensure the safety of aircraft. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, reg 39.001). These ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003 (Civil Aviation Safety Regulations 1998, reg 39.001(5)).
The State of Design, where the aircraft is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, and must provide necessary information to the State of Registry, which is responsible for the individual aircraft's airworthiness (Annex 8 to the Convention on International Civil Aviation). CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (Annex 8 to the Convention on International Civil Aviation). This ensures compliance with international standards and Australian safety regulations.
In this context, CASA issued AD/BEECH 50/20 for all Beechcraft 50 type/model aircraft. After assessing the information, CASA decided to cancel this AD, effective from 8 May 2008, because the unsafe condition no longer exists (Civil Aviation Safety Regulations 1998, reg 39.001(5)). No replacement AD is necessary as the unsafe condition has been resolved. This cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation and did not require consultation with the Australian public or a Regulatory Impact Statement.
The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, under subsection 84A(2) of the Act (Civil Aviation Act 1988, s 84A(2)). This process ensures that the AD aligns with the legislative framework and international obligations, maintaining the safety standards for aircraft in Australia.