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 56/3, affecting Beech 56 model aircraft in 1968. 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, all affected aircraft would have been 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, enacted by the Commonwealth Parliament, provides the legislative framework for ensuring the safety of air navigation in Australia. This Act empowers the Governor-General to establish regulations that promote the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Such ADs are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations, in turn, are underpinned by international standards set forth in Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of States of Design and States of Registry in ensuring aircraft airworthiness. The Civil Aviation Act 1988 aims to harmonise Australian aviation safety standards with international norms, thereby enhancing the overall safety and reliability of civil aviation within Australia.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, provide the legislative framework governing the issuance of airworthiness directives (ADs) in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, with such directives being subject to disallowance under the Acts Interpretation Act 1901. These ADs, which are legislative instruments, are pivotal in maintaining the continuing airworthiness of aircraft, a responsibility that ultimately rests with the State of Registry under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, where necessary, issuing Australian ADs to enforce the required airworthiness standards. The AD/BEECH 56/3, initially issued in 1968 for Beech 56 model aircraft, has been cancelled effective 5 June 2008, due to the aircraft involved being modified long ago, thus no longer requiring regulatory oversight. This cancellation is exempt from public consultation and a Regulatory Impact Statement as it reduces the regulatory burden. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for civil aviation in Australia, and section 98 specifically allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument under the Legislative Instruments Act 2003 and is a mechanism to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry. For Australia, CASA is tasked with assessing information from the State of Design and, if appropriate, issuing an Australian AD to mandate the requirements. This ensures that aircraft registered in Australia meet the necessary safety standards. Additionally, the State of Registry is required to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
There are no specific offences, penalties, or civil/criminal consequences outlined in the text for the issuance or cancellation of ADs. However, the failure to comply with an AD could result in broader regulatory consequences, such as grounding of aircraft, fines, or other enforcement actions by CASA. The text indicates that the cancellation of AD/BEECH 56/3 is effective from 5 June 2008 and does not require a replacement AD, as all affected aircraft would have been modified long ago. This cancellation was determined not to require consultation with the Australian public or a Regulatory Impact Statement, as it reduces the regulatory burden. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the relevant legislative provisions.