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 56/25 Amendment 2 affecting all Beechcraft 56TC model aircraft with replacement fuel boost pumps which are date coded 1K to 5K or with a repair station nameplate dated 1-83 to 5-83. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 56/25 Amendment 2. 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including those concerning the issuance of airworthiness directives, which are essential for maintaining the safety standards of aircraft. In line with the obligations under the Convention on International Civil Aviation, the Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, issues airworthiness directives to ensure that aircraft meet continuing airworthiness standards. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue such directives, which are legislative instruments subject to disallowance. The cancellation of a particular airworthiness directive, such as AD/BEECH 56/25 Amendment 2, is conducted pursuant to the authority vested in CASA, ensuring that outdated or resolved safety issues are appropriately addressed without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a regulatory framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) which serve as critical instruments in maintaining the continuing airworthiness of aircraft registered in Australia. These directives are legislative instruments as per section 6 of the Legislative Instruments Act 2003, and they are essential for ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure ongoing compliance, and the State of Registry, which in this context is Australia, must adopt or develop requirements to ensure the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, assesses information from the State of Design and issues Australian ADs accordingly. The scope of these ADs applies to specific aircraft types, such as the Beechcraft 56TC model, and they can be amended or cancelled based on ongoing safety assessments. The process of issuing or cancelling ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The Manager, Systems and New Technologies in the Airworthiness Engineering Branch issues these directives on behalf of CASA, in line with the legislative provisions.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia, with particular focus on the airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to make regulations that serve the interests of safety in air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and thus, in line with section 6 of the Legislative Instruments Act 2003, it is recognised as a legislative instrument.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to States of Registry. Annex 8 to the Convention on International Civil Aviation underpins this by assigning the State of Design the overarching responsibility for continuing airworthiness. Conversely, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, where appropriate, issue Australian ADs to enforce the necessary requirements.
Failure to comply with ADs can result in significant consequences. For example, the Civil Aviation Safety Regulations 1998 include provisions that could lead to civil or criminal penalties for non-compliance with ADs, although the specific penalties are not detailed within the text. It is also worth noting that the cancellation of an AD, as in the case of AD/BEECH 56/25 Amendment 2, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued 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.