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 56/14, affecting Beech 56 model aircraft in 1973. 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 would have been inspected, and, if necessary, modified long ago.
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 was enacted to ensure the safety of air navigation and to establish a regulatory framework for civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act, and these regulations are intended to enhance the safety of air navigation. Specifically, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can effectively manage the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The AD cancellation under review, AD/BEECH 56/14, exemplifies the authority's role in responding to historical safety directives, ensuring that the regulatory burden is appropriately managed and that safety standards are maintained.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate, particularly concerning the issuance of airworthiness directives (ADs). The Act empowers the Governor-General to make regulations in the interest of air navigation safety, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design and the State of Registry, with CASA acting on behalf of Australia to enforce these requirements. The issuance of ADs like AD/BEECH 56/14, which affected Beech 56 model aircraft, and their subsequent cancellation, such as the case on 5 June 2008, falls within this regulatory structure, managed by designated personnel within CASA as per the Act. This regulatory process does not typically involve public consultation or a Regulatory Impact Statement unless otherwise specified.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for airworthiness directives (ADs). Specifically, 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 permits the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations include that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
There are no specific offences or penalties outlined for breaches of ADs within the provided text, but non-compliance with ADs could potentially result in serious safety issues. The cancellation of an AD, such as AD/BEECH 56/14 for Beech 56 model aircraft, does not require public consultation because it reduces regulatory burden. The decision to cancel the AD and the effective date of 5 June 2008 was made by the Manager, Airframes in the Airworthiness Engineering Branch of CASA, in accordance with the Act.