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 60/20, affecting Beech 60 model aircraft in 1973. 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 inspected, and, if necessary, 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 address the need for comprehensive regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations for the Act's purposes, particularly in relation to the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. As per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, ADs are considered legislative instruments. The Civil Aviation Act 1988 aims to uphold the safety standards of air navigation by providing the necessary legislative framework for CASA to issue such directives and manage the continuing airworthiness of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness directives (ADs) in Australia. The Act applies to all entities involved in civil aviation operations within Australia, including aircraft operators, manufacturers, and maintenance providers, with a specific focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations extends nationally, in alignment with international standards set by the International Civil Aviation Organization (ICAO). In the case of aircraft registered in Australia, the State of Registry, represented by CASA, is responsible for ensuring compliance with airworthiness directives issued by both the State of Design and CASA itself. The AD/BEECH 60/20, which affected Beech 60 model aircraft, exemplifies this regulatory process; CASA’s decision to cancel this directive reflects the authority's role in maintaining safety standards and reducing regulatory burdens where appropriate.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus, they are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily concerned with the maintenance of airworthiness for all aircraft registered in Australia. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must supply all necessary information to the States of Registry to ensure the aircraft remain airworthy. Correspondingly, the State of Registry must implement or adopt regulations to ensure the airworthiness of aircraft registered within its jurisdiction. In the context of Australia, CASA must evaluate any airworthiness directives issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
CASA has recently issued an airworthiness directive, AD/BEECH 60/20, concerning Beech 60 model aircraft manufactured in 1973. After thorough review, CASA has determined that this AD should be cancelled, effective from 5 June 2008. This decision is based on the understanding that all affected aircraft have already been inspected and, if necessary, modified. Consequently, there is no requirement for a replacement AD. The cancellation of this AD is considered a reduction in regulatory burden, and as such, no public consultation has been conducted. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
In terms of legal consequences, any breach of the obligations or requirements stipulated in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may lead to various civil and criminal penalties. While the specific penalties are not detailed in the text, they generally encompass fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined in accordance with relevant Australian legislation.