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 60/34 affecting Beechcraft B60 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 60/34. 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 Australian Parliament, was introduced to establish a regulatory framework aimed at ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were developed to provide detailed provisions concerning aircraft and aeronautical products' airworthiness. The Act empowers the Governor-General to make regulations in the interest of safety, and the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) as per regulation 39.001. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The cancellation of Australian AD/BEECH 60/34 affecting Beechcraft B60 model aircraft, mandated by CASA, aligns with Australia's responsibilities under the Convention on International Civil Aviation, specifically Annex 8, which delineates the continuing airworthiness obligations of the State of Design and the State of Registry. The decision to cancel this AD was made in accordance with the legislative authority conferred by the Civil Aviation Act 1988.
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 particular types of aircraft or aeronautical products, thereby ensuring adherence to safety standards. These ADs, which are legislative instruments, are issued by CASA in compliance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types. The State of Registry must then adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its territory, and CASA's role is to assess and, if necessary, issue Australian ADs that mandate the requirements of the State of Design. The AD/BEECH 60/34 concerning Beechcraft B60 model aircraft, issued by CASA, has been cancelled as the unsafe condition no longer exists, and this cancellation is in accordance with Australia's international obligations. This action was taken by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in line with the Act's provisions. Given the nature of these directives, they do not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for the safety of air navigation under section 98. The Civil Aviation Safety Regulations 1998 (CASR) further detail this by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products via regulation 39.001. An AD is considered a legislative instrument under the Legislative Instruments Act 2003 due to its disallowable nature as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901.
These airworthiness directives are crucial under Annex 8 of the Convention on International Civil Aviation, as the State of Design bears responsibility for the continuing airworthiness of an aircraft type, providing necessary information to the States of Registry. The State of Registry must ensure the continuing airworthiness of individual aircraft and implement the requirements set forth by the State of Design. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and, if necessary, issues an Australian AD to enforce the requirements. For example, CASA assessed and subsequently cancelled Australian AD/BEECH 60/34 for Beechcraft B60 model aircraft, effective from 5 June 2008, due to the resolution of the unsafe condition.
The process of issuing and cancelling ADs does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. These ADs are issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in line with subsection 84A(2) of the Act.
Under the Act, CASA and other entities are required to follow the provisions of the CASR and the international obligations outlined in Annex 8 of the Convention on International Civil Aviation. Failure to comply with these regulations can lead to significant consequences. While the specific penalties are not detailed in the provided text, breaches of civil aviation regulations typically result in enforcement actions, fines, or other civil penalties. In more severe cases, criminal charges could be pursued, leading to imprisonment or substantial fines depending on the nature and severity of the offence.