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 50/7 affecting Beechcraft 50 type/model aircraft B50, C50 and D50 prior to serial numbers CH-353 and DH-36. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 50/7. 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 to ensure the safety and efficiency of civil aviation within Australia, empowers the Governor-General to create regulations that promote the safety of air navigation. In line with these objectives, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments that serve as a key mechanism for maintaining the continuing airworthiness of aircraft, in accordance with international standards set by the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the airworthiness of individual aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing information from States of Design and issuing Australian ADs when necessary.
In a specific case, CASA has cancelled Australian AD/BEECH 50/7, which previously affected Beechcraft 50 type/model aircraft B50, C50, and D50 prior to certain serial numbers. This cancellation, effective as of 8 May 2008, was made in accordance with Australia's obligations under the Convention on International Civil Aviation, as the unsafe condition addressed by the AD no longer exists. Consequently, no replacement AD is required. The cancellation was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, under the authority granted by the Civil Aviation Act 1988. This action was taken without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, pertain to all aircraft registered in Australia and their operation within the country. Under the authority granted by section 98 of the Civil Aviation Act 1988, the Governor-General can enact regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The scope of these ADs extends to ensuring the continuing airworthiness of aircraft, in line with the obligations of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. For example, CASA, as Australia's national airworthiness authority, must issue Australian ADs to enforce the requirements of foreign ADs issued by the State of Design, ensuring compliance with international standards. The ADs are issued by CASA, typically without public consultation, and do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments under section 6 of the Legislative Instruments Act 2003.
Entities governed by the Civil Aviation Safety Regulations 1998 are required to comply with the airworthiness directives issued by CASA. These directives mandate specific requirements to ensure the continuing airworthiness of aircraft types and aeronautical products. The State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide necessary information to the States of Registry to support compliance with ADs. In Australia, CASA acts as the national airworthiness authority, assessing the information provided by the State of Design and, if appropriate, issuing Australian ADs to enforce these requirements.
Failure to comply with airworthiness directives can result in significant consequences. The Civil Aviation Safety Regulations 1998 outline various civil and criminal penalties for non-compliance with ADs. Civil penalties may include fines, and in severe cases, criminal penalties may be imposed, which could include imprisonment. The specific penalties depend on the nature and severity of the non-compliance. These measures are in place to ensure that aircraft remain airworthy and safe for operation, thereby protecting public safety in the skies.
The Civil Aviation Safety Authority has issued AD/BEECH 50/7, which affected Beechcraft 50 type/model aircraft B50, C50, and D50 prior to certain serial numbers. Following an assessment, CASA has cancelled this AD as the unsafe condition it addressed no longer exists. This cancellation is effective as of 8 May 2008, and no replacement AD is required. This action aligns with Australia's obligations under the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the States of Design and Registry. The cancellation of AD/BEECH 50/7 does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was 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.