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 United States FAA has issued AD 2008-13-17 affecting Beechcraft F33, F33A, F33C, G33, V35B, A36, A36TC, B36TC, 95-B55, D55, E55, A56TC, 58, 58P, 58TC, G58 and 77 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian ADs listed in Schedule 1, which will become effective on 25 September 2008.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
SCHEDULE 1
AD/BEECH 33/47
AD/BEECH 35/73
AD/BEECH 36/52
AD/BEECH 55/97
AD/BEECH 56/35
AD/BEECH 77/16
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is a pivotal piece of legislation designed to ensure the safety and efficiency of civil aviation within Australia. It empowers the Governor-General to issue regulations in the interests of air navigation safety, as evidenced by the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. The ADs are crucial in maintaining the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. CASA’s role is to assess and, when necessary, implement ADs issued by other countries, ensuring compliance with international standards. This regulatory framework aims to uphold the highest safety standards in Australia's civil aviation sector.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products in the interest of ensuring the safety of air navigation. An AD is a legislative instrument, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs apply to aircraft types registered in Australia and are mandated by Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and the State of Registry the responsibility for the individual aircraft's continuing airworthiness. The ADs issued by CASA reflect the requirements of the relevant State of Design, such as the United States Federal Aviation Administration (FAA), and are designed to harmonise with international standards and practices. The ADs listed in Schedule 1, which became effective on 25 September 2008, pertain to various Beechcraft model aircraft and were issued in response to the FAA's AD 2008-13-17. Given that these directives are issued pursuant to international obligations and as a response to foreign ADs, there was no requirement for public consultation or a Regulatory Impact Statement. The ADs are issued by CASA on behalf of the Minister for Infrastructure and Transport, in line with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for civil aviation in Australia, with the Governor-General empowered under section 98 to make regulations for the Act’s purposes, particularly the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these regulations include a requirement for CASA to issue Australian ADs when the State of Design, such as the United States in this case, issues an AD that affects aircraft registered in Australia. This is a reflection of the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of aircraft within its jurisdiction. By issuing Australian ADs in response to foreign ADs, CASA maintains the safety standards and compliance with international obligations.
Failure to comply with ADs can lead to significant civil and criminal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline penalties for non-compliance with ADs, which may include fines, imprisonment, or both, depending on the severity and frequency of the breach. The specific penalties are detailed within the regulations and the Act, ensuring that there are clear deterrents against non-compliance.
The issuing of these ADs is grounded in the international obligation under the Convention on International Civil Aviation, which means that CASA is not required to consult the Australian public or prepare a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA has the authority to issue these directives under subsection 84A(2) of the Act, ensuring that the regulatory process is efficient and aligned with international safety standards.