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 60/35, affecting Beech 60 model aircraft in 1980. 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 provide a comprehensive framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The objective is to ensure that all aircraft operating in Australia meet the required safety standards. CASA issued AD/BEECH 60/35 in 1980, but has since decided to cancel this directive following a review, effective from 5 June 2008. The cancellation is due to the fact that all affected aircraft have already been inspected and, if necessary, modified, thereby reducing the regulatory burden. This action was taken by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the provisions of the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under section 98 of the Act, allowing the Governor-General to make regulations for air navigation safety. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning aircraft types or aeronautical products, with these directives being legislative instruments under the Legislative Instruments Act 2003. This regulatory framework ensures the continuing airworthiness of aircraft by mandating compliance with safety standards set forth by the State of Design and enforced by the State of Registry, with CASA acting as Australia's national airworthiness authority. The scope of the ADs extends to all aircraft registered in Australia, necessitating compliance with both international standards under the Convention on International Civil Aviation and domestic regulations. The application of these regulations is national, applying across the Commonwealth of Australia, and they do not require public consultation for amendments that reduce regulatory burdens, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, and in particular section 98, empowers the Governor-General to make regulations for the purposes of the Act, with a focus on the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments as per subregulation 39.001(5), and they fall under the category of legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This responsibility extends to assessing information from the State of Design and, if necessary, issuing Australian ADs to mandate the requirements of the State of Design. Annex 8 to the Convention on International Civil Aviation reinforces this responsibility, assigning the State of Design overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. In the case of Beech 60 model aircraft manufactured in 1980, CASA issued AD/BEECH 60/35, which has now been cancelled. The cancellation, effective from 5 June 2008, does not require consultation with the Australian public, as it results in a reduction of regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The obligations imposed on parties or entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred around ensuring the safety of air navigation and the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, must assess information from the State of Design and issue relevant ADs when necessary. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and aircraft owners and operators must comply with ADs and maintain their aircraft in accordance with the specified requirements.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for offences, penalties, and civil/criminal consequences for breaches. While the specific offences, penalties, and consequences are not detailed in the provided text, it can be inferred that non-compliance with ADs or failure to maintain airworthiness could result in legal action, including fines or other civil penalties. Furthermore, more serious breaches may lead to criminal charges, with potential penalties including imprisonment, as prescribed by the relevant legislation.