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 55/7 affecting Beechcraft 95-A55 and 95-C55 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 55/7. The cancellation will become effective on 5 June 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, aims to regulate civil aviation in Australia with a focus on ensuring the safety of air navigation. It empowers the Governor-General to create regulations that serve the interests of safety, with the Civil Aviation Safety Regulations 1998 being a key set of these regulations. One of the significant instruments under these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments used to ensure the continuing airworthiness of aircraft and aeronautical products, as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, plays a crucial role in issuing these directives based on assessments of information provided by the States of Design. In a specific instance, CASA has cancelled an Australian AD/BEECH 55/7 affecting certain Beechcraft models, due to the resolution of the unsafe condition that originally necessitated the directive. This action reflects Australia’s commitment to international aviation standards and the continuous maintenance of aircraft safety.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. These regulations apply to all aircraft and aeronautical products that fall within the scope of the Civil Aviation Safety Regulations 1998, encompassing various types of aircraft, their components, and related equipment. The ADs serve as legislative instruments, carrying the authority of the Governor-General and being subject to disallowance under the Acts Interpretation Act 1901. The issuance of ADs aligns with international standards under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information for continuing airworthiness, while the State of Registry implements these requirements. The ADs are binding on all aircraft registered in Australia, with CASA responsible for assessing and implementing the directives as necessary. In the case of the cancellation of Australian AD/BEECH 55/7, CASA acted in accordance with international obligations under the Convention, ensuring that the unsafe condition no longer exists, thus obviating the need for a replacement AD. This process was conducted under the authority of the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, reflecting the streamlined approach taken for ADs in compliance with international best practices.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 concern the issuance of airworthiness directives (ADs) (sections 98, 39.001). Under section 98, the Governor-General can make regulations for the purposes of the Act, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) states that ADs are disallowable instruments, meaning they can be annulled by Parliament, and they are legislative instruments under section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation places the responsibility for continuing airworthiness of an aircraft type on the State of Design, which must provide necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of individual aircraft. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess it and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The Act and the Regulations impose several obligations on the parties and entities they govern. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue Australian ADs to mandate the requirements. This process ensures that Australian aircraft meet international safety standards and that the public is protected from unsafe aircraft.
The Civil Aviation Safety Regulations 1998 also impose certain requirements on the entities they govern. For example, subregulation 39.001(5) states that ADs are disallowable instruments, meaning they can be annulled by Parliament. This provision ensures that ADs are subject to parliamentary oversight and that they can be reviewed and potentially annulled if they are found to be ineffective or unnecessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, meaning that they do not need to be assessed for their potential economic, social, and environmental impacts. This decision is based on the fact that ADs are designed to ensure the safety of air navigation and are not intended to have broader regulatory impacts.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breaching the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 related to the issuance of ADs. However, failure to comply with an AD could result in penalties under other provisions of the Act or Regulations. For example, section 64 of the Act makes it an offence to operate an aircraft that is not airworthy, and section 65 makes it an offence to operate an aircraft without the required authorisation. The penalties for these offences can include fines of up to $275,000 for individuals and $1.375 million for bodies corporate, as well as imprisonment for up to five years for individuals and seven years for bodies corporate. Additionally, CASA can take enforcement action against individuals or entities that fail to comply with ADs, including issuing enforcement notices, suspending or cancelling airworthiness certificates, and prosecuting individuals or entities for breaches of the Act or Regulations.