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 60/12 affecting all Beechcraft 60 model aircraft fitted with electrical fuel vent heaters. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 60/12. 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 Parliament of Australia, was introduced to provide a legal framework for the regulation of civil aviation within Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of safety in air navigation, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, which are made under the authority of the Act, specifically allow the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. This regulatory mechanism is crucial for the ongoing airworthiness of aircraft, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing and implementing ADs issued by the State of Design, ensuring that the continuing airworthiness of aircraft registered in Australia is maintained.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure compliance with airworthiness standards, thus safeguarding the safety of air navigation. As a legislative instrument, an AD is subject to disallowance and must comply with the Legislative Instruments Act 2003. The ADs are typically issued in response to continuing airworthiness information from the State of Design, as stipulated under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. The State of Registry, in this case CASA acting on behalf of Australia, must then ensure that these requirements are met for aircraft registered within its jurisdiction. The scope of ADs extends to all aircraft registered in Australia, affecting their owners, operators, and maintenance personnel. The geographic reach of these regulations is national, with Australia adhering to international standards set by ICAO. Notably, the application of ADs does not require public consultation and is exempt from the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to enact regulations for the Act's purposes and in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as described in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include ensuring the continuing airworthiness of aircraft and aeronautical products. The State of Design is responsible for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to ensure airworthiness. The State of Registry, such as CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with ADs may result in civil and criminal penalties under the Civil Aviation Act 1988. Section 23 of the Act states that failure to comply with an AD can be an offence, carrying potential criminal penalties. Specifically, section 23(2) of the Act indicates that an individual may face a fine of up to 120 penalty units ($22,200 as of 2023) or imprisonment for up to two years, or both. Furthermore, section 23(3) states that a corporation may be fined up to 600 penalty units ($111,000 as of 2023). These penalties are in addition to any civil consequences that may arise from non-compliance, such as aircraft being deemed unairworthy, which could lead to grounding and potential financial losses for operators.