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 60/24, 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, enacted to regulate the safety aspects of civil aviation in Australia, provides the legislative framework within which airworthiness directives (ADs) are issued. ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). Under the authority granted by section 98 of the Act, the Governor-General has the power to issue regulations that support the Act’s objectives, including safety. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The process for issuing and cancelling ADs, such as AD/BEECH 60/24 affecting Beech 60 model aircraft, involves rigorous assessment by CASA to ensure compliance with safety standards. In this instance, CASA has decided to cancel the AD as a result of a review, effective from 5 June 2008, without the need for a replacement AD, as all necessary inspections and modifications have already been completed. This decision to cancel the AD reduces the regulatory burden, and no public consultation was required as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, with its safety regulations extending to all aircraft operating within Australian jurisdiction, whether registered in Australia or not. The Civil Aviation Safety Regulations 1998 provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs are legislative instruments and are issued under the authority granted by regulation 39.001 of the Civil Aviation Safety Regulations. The scope of these regulations is broad, covering all types of aircraft and aeronautical products within Australia’s jurisdiction, and they align with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. ADs are critical for the continuing airworthiness of aircraft types, with the State of Design responsible for issuing such directives, which CASA then assesses and, if necessary, mandates for Australian-registered aircraft. In the specific case of AD/BEECH 60/24, CASA has decided to cancel the directive for the Beech 60 model aircraft, effective from 5 June 2008, reflecting the resolution of identified safety issues and the absence of any need for a replacement AD. This action, taken by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, is in accordance with the legislative provisions outlined in the Civil Aviation Act.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, provides the authority for the Governor-General to create regulations that support the Act and promote air navigation safety. Under this provision, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The legal status of ADs is clarified by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, which states that ADs are disallowable instruments. Furthermore, as per section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments.
Compliance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 imposes several obligations on CASA and the State of Registry. CASA, as Australia's national airworthiness authority, is required to assess any airworthiness information issued by the State of Design, such as ADs, and issue Australian ADs when appropriate to enforce the State of Design's requirements. The State of Registry, on the other hand, is responsible for ensuring the continuing airworthiness of individual aircraft by developing or adopting necessary requirements. This includes implementing any ADs issued by CASA to maintain airworthiness standards.
Failure to comply with the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is generally understood that breaches of aviation regulations can lead to civil or criminal penalties, depending on the severity of the violation. Civil penalties may include fines or other monetary sanctions, while criminal penalties can result in imprisonment or other criminal sanctions. The exact penalties would depend on the specific provisions of the legislation and the nature of the breach.
The process of issuing and cancelling ADs, such as the recent cancellation of AD/BEECH 60/24 affecting Beech 60 model aircraft from 1973, involves careful assessment by CASA. The cancellation of this AD, which will become effective on 5 June 2008, was determined to be appropriate as all affected aircraft would have already been inspected and, if necessary, modified. Given the reduction in regulatory burden resulting from this cancellation, no consultation with the Australian public was deemed necessary, and the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.