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 56/6, affecting Beech 56 model aircraft in 1969. 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. One of the ways in which this is achieved is through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003. The Civil Aviation Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, and this includes the ability to mandate continuing airworthiness requirements for aircraft types registered in Australia. The policy objective behind these regulations is to ensure that aircraft maintain their airworthiness throughout their operational life, in line with international standards set by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legal framework for airworthiness directives (ADs) within Australia. Under the Act, the Governor-General is empowered to issue regulations in the interest of air navigation safety. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments and are legislative instruments as per the Legislative Instruments Act 2003. The Act applies to entities such as aircraft manufacturers, operators, and the State of Registry, which are responsible for ensuring the continuing airworthiness of aircraft. Geographically, this Act applies within Australia, with CASA acting as the national airworthiness authority. The Act does not specify exclusions or thresholds but relies on the State of Design and the State of Registry to provide necessary information and ensure compliance with ADs. The application of the Act can be extended or restricted through subordinate instruments, but no such modifications are noted in the text.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for certain types of aircraft or aeronautical products. An AD is a legislative instrument under the Acts Interpretation Act 1901 and is therefore subject to disallowance.
Under the provisions of the Civil Aviation Act 1988 and its regulations, CASA, as the national airworthiness authority, has the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. This includes the assessment and, if necessary, the issuance of ADs based on the information provided by the State of Design. For example, if a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and may issue a corresponding Australian AD to enforce the requirements of the original directive.
The obligations imposed on parties by this legislation include the requirement for States of Design to provide necessary information to ensure the continuing airworthiness of aircraft types. For States of Registry, such as Australia, the obligation is to develop or adopt requirements that ensure the airworthiness of aircraft within their jurisdiction. This includes the duty to review and implement ADs issued by the State of Design. Aircraft owners and operators are also obligated to comply with all applicable ADs, ensuring that their aircraft meet the required airworthiness standards.
Failure to comply with an airworthiness directive can result in significant legal consequences. The Civil Aviation Act 1988 does not explicitly detail offences or penalties related to non-compliance with ADs; however, broader regulations within the Act and associated instruments can impose penalties. For example, non-compliance with an AD may be considered a breach of the regulations, leading to civil penalties under section 118 of the Act, which can include fines. In severe cases, non-compliance may result in criminal charges, with penalties that could include imprisonment, reflecting the serious nature of ensuring aviation safety.