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 60/33 affecting Beechcraft B60 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 60/33. 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 establish a framework for the regulation of civil aviation in the country, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation, as seen in the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. These regulations ensure compliance with international standards set by the International Civil Aviation Organization (ICAO) and maintain the continuing airworthiness of aircraft registered in Australia. The 1998 Regulations provide CASA with the authority to issue airworthiness directives, which are legislative instruments subject to disallowance and review processes as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. This legislative framework enables CASA to respond to safety concerns and implement necessary measures to safeguard air navigation in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation as mandated by section 98 of the Act. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This legislative framework applies to the State of Design, which bears the responsibility for the continuing airworthiness of an aircraft type, and to the State of Registry, which must ensure the continuing airworthiness of individual aircraft as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs as necessary. The specific AD/BEECH 60/33 concerning Beechcraft B60 model aircraft was cancelled by CASA on 5 June 2008, as the unsafe condition identified by the directive no longer existed. This cancellation was executed in accordance with Australia’s international obligations, without public consultation or the need for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. An AD is a legislative instrument as defined under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, the State of Design has a primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft operating in Australia meet the required safety standards.
The obligations imposed by the Act and the Regulations on the parties or entities they govern include the responsibility for ensuring that aircraft remain airworthy. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and determine whether an Australian AD is necessary. If an AD is deemed necessary, CASA must issue it to ensure compliance with safety standards. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft on the Australian Register.
Failure to comply with an AD can result in significant consequences. Under section 185 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The maximum penalty for such an offence can be substantial, including fines and imprisonment, depending on the severity of the violation. In addition to criminal penalties, non-compliance with an AD can lead to the grounding of aircraft, which can have severe financial and operational repercussions for the operators involved.