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 56/1, Amendment 2, affecting Beechcraft 56TC model aircraft in 1968. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
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, Initial Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and aircraft operations. To further detail these objectives, the Civil Aviation Safety Regulations 1998 were introduced, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. This regulatory mechanism is crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. CASA, as the national airworthiness authority, must respond to ADs issued by the aircraft's State of Design, ensuring compliance and safety within the Australian Register. The 1988 Act empowers CASA to make necessary regulations to protect air navigation safety, and the 1998 Regulations provide the procedural basis for implementing these safety measures. This legislative framework facilitates a coordinated approach to airworthiness management, supported by international collaboration and domestic regulatory oversight.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, which are considered legislative instruments, serve as a primary means for communicating continuing airworthiness information and are issued by most ICAO Contracting States. The State of Registry for an individual aircraft bears the responsibility for its continuing airworthiness and must adopt or develop necessary requirements to meet this obligation. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue corresponding ADs to enforce the requirements of the State of Design on aircraft registered in Australia. For instance, CASA issued AD/BEECH 56/1, Amendment 2, concerning the Beechcraft 56TC model aircraft in 1968, which has now been cancelled due to the resolution of the initial unsafe condition, effective 24 September 2009, without necessitating a replacement AD. The cancellation of this AD, which reduces the regulatory burden, was determined not to require public consultation or a Regulatory Impact Statement by the Office of Best Practice Regulation. The AD was issued by the Manager, Initial Airworthiness, within CASA’s Airworthiness and Engineering Branch, pursuant to subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation, as specified in section 98. In line with this provision, 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. This regulatory framework ensures that safety measures are implemented effectively to maintain airworthiness. Moreover, subregulation 39.001(5) specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations placed on CASA under this regulation are significant. As the national airworthiness authority, CASA must assess information from the State of Design when an AD is issued for a type of aircraft registered in Australia. This ensures that the continuing airworthiness of the aircraft is maintained in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure that individual aircraft remain airworthy. In the case of AD/BEECH 56/1, Amendment 2, which affected Beechcraft 56TC model aircraft, CASA has reviewed and decided to cancel the AD due to the elimination of the original unsafe condition. This cancellation, effective from 24 September 2009, reduces the regulatory burden without necessitating a replacement AD.
The issuance of ADs, including their cancellation, involves specific legal and procedural requirements. The AD/BEECH 56/1, Amendment 2 cancellation was made by the Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch of CASA, under the authority granted by subsection 84A(2) of the Act. It is worth noting that no public consultation was required for this cancellation as it results in a reduction of the regulatory burden, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement.
For breaches of the provisions under the Civil Aviation Act 1988 and associated regulations, there are potential civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, the Act generally provides for enforcement actions against those who fail to comply with airworthiness directives. Such non-compliance could result in fines, imprisonment, or other penalties as stipulated by the relevant sections of the Act and any subsidiary legislation. The maximum penalties for such offences may vary depending on the severity of the breach and the specific regulatory requirements that have been contravened.