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 56/9 affecting all Beechcraft 56TC model aircraft fitted with electrical fuel vent heaters. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 56/9. 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, enacted by the Australian Parliament, provides a legislative framework for civil aviation safety, with the overarching objective of ensuring the safety of air navigation. This Act authorises the Governor-General to make regulations for the purposes of the Act and in the interests of safety, as seen in the issuing of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are essential tools for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). In particular, the Act mandates that the Civil Aviation Safety Authority (CASA) must assess and, if necessary, issue Australian ADs to ensure compliance with the safety requirements stipulated by the State of Design. The process reflects Australia's commitment to international aviation safety standards, as outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General can make regulations necessary for the safety of air navigation, and regulation 39.001 allows 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 the Acts Interpretation Act 1901 and are created in compliance with the Legislative Instruments Act 2003. The ADs mandate requirements to ensure the continuing airworthiness of aircraft and are issued by CASA as Australia's national airworthiness authority. These directives apply to all aircraft registered in Australia and are aligned with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The issuance and cancellation of ADs are internal processes within CASA, and while they affect the entire aviation industry, no public consultation is required for their implementation.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CIVIL AVIATION SAFETY REGULATIONS 1998) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901 (Subregulation 39.001(5)). The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry, who are responsible for the continuing airworthiness of individual aircraft (Annex 8 to the Convention on International Civil Aviation). If a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements (Annex 8).
The obligations imposed on parties by this regulation include CASA's duty to assess the continuing airworthiness information provided by the State of Design and issue an Australian AD if deemed necessary. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft (Annex 8). Furthermore, the State of Design has the responsibility to provide any necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry (Annex 8). These obligations ensure that aircraft are maintained to a safe standard and that any identified safety issues are addressed promptly and effectively.
Failure to comply with the requirements set out in an AD can lead to severe consequences. Under the Civil Aviation Act 1988, CASA can take enforcement action against any person or entity that does not comply with an AD. This can include fines, imprisonment, or both, depending on the severity of the breach (section 98). The maximum penalty for an individual is a fine of up to 500 penalty units or imprisonment for up to two years, or both, while the maximum penalty for a body corporate is a fine of up to 2,500 penalty units (section 12.8 of the Criminal Code Act 1995). Additionally, CASA can suspend or revoke the airworthiness certificate of an aircraft if it is found to be non-compliant with an AD (regulation 21.196 of the Civil Aviation Safety Regulations 1998).
In summary, the Civil Aviation Safety Regulations 1998 provide CASA with the authority to issue airworthiness directives to ensure the safety of aircraft. The obligations on the parties include the State of Design providing necessary information to States of Registry, and the State of Registry developing or adopting requirements to ensure the continuing airworthiness of aircraft. Failure to comply with an AD can result in severe penalties, including fines, imprisonment, or both. The Civil Aviation Safety Authority is responsible for assessing information provided by the State of Design and issuing Australian ADs if necessary.