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 60/3 affecting Beechcraft 60 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 60/3. 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and are a common form of information exchange among ICAO Contracting States. The Civil Aviation Safety Authority has the responsibility to assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. In this instance, CASA has cancelled the Australian AD/BEECH 60/3 for Beechcraft 60 model aircraft, as the unsafe condition no longer exists, and no replacement AD is required. This action aligns with Australia’s obligations under the Convention on International Civil Aviation, and no consultation with the Australian public or Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments designed to ensure the safety of air navigation. The ADs serve as a means for the State of Design to communicate necessary information to the States of Registry, including Australia, to maintain the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, is responsible for assessing information from State of Design ADs and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures. In the case of AD/BEECH 60/3 affecting Beechcraft 60 model aircraft, CASA assessed the AD and subsequently cancelled it due to the resolution of the unsafe condition, which was in line with Australia's obligations under the Convention on International Civil Aviation. This cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, under the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments in line with section 6 of the Legislative Instruments Act 2003.
The Act and its regulations impose obligations on CASA and other entities to ensure the continuing airworthiness of aircraft registered in Australia. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for providing continuing airworthiness information for a type of aircraft, and CASA must assess this information and, if necessary, issue an Australian AD. This ensures that the requirements of the State of Design are met within the Australian aviation context. The State of Registry, typically Australia in this context, must also develop or adopt measures to ensure the continuing airworthiness of individual aircraft.
CASA has issued AD/BEECH 60/3 for Beechcraft 60 model aircraft, but has subsequently cancelled it. This cancellation, effective from 5 June 2008, was due to the resolution of the unsafe condition identified in the original AD. No public consultation was necessary for this cancellation as it aligns with Australia's obligations under the Convention on International Civil Aviation, and the Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement. The AD was 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.
The Act and its regulations also outline the consequences for non-compliance. Any failure to comply with an airworthiness directive can result in significant penalties. Under the Civil Aviation Act 1988, breaches may lead to criminal or civil penalties, including fines and imprisonment. The specific penalties depend on the nature and severity of the breach, but the Act provides a framework for enforcing compliance to ensure the safety of air navigation.