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 60/4, affecting Beech 60 model aircraft in 1969. 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 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 ensure the safety of air navigation and to provide for the regulation of civil aviation and air navigation services in Australia. One of the key provisions of this Act is the ability for the Governor-General to make regulations for the purposes of the Act, which is exercised by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under this Act, allow CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are essential for ensuring the continuing airworthiness of aircraft and are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs serve as a critical mechanism for the State of Registry to implement necessary modifications and maintenance requirements on aircraft registered within Australia. The cancellation of AD/BEECH 60/4, which affects the Beech 60 model aircraft, exemplifies CASA’s role in assessing and acting on continuing airworthiness information issued by the State of Design, in this case resulting in the reduction of regulatory burden without necessitating further consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, authorises the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of aircraft. Specifically, under regulation 39.001, CASA is empowered to issue ADs for particular types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The ADs align with the requirements set out in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to ensure airworthiness to States of Registry. In Australia, CASA, as the national airworthiness authority, must assess the information from the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures. For instance, CASA issued and subsequently decided to cancel AD/BEECH 60/4 affecting Beech 60 model aircraft from 1969, effective from 5 June 2008, due to the aircraft already being modified to the required standards, thus reducing regulatory burden without necessitating a replacement AD or public consultation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations that promote the safety of air navigation. This framework is further operationalised through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are formal regulatory instruments, as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are classified as legislative instruments under the Legislative Instruments Act 2003.
These airworthiness directives are crucial for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is primarily responsible for the airworthiness of an aircraft type and must provide necessary information to States of Registry, which in turn are tasked with developing or adopting requirements to maintain airworthiness. When the State of Design issues an AD, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements.
CASA recently issued AD/BEECH 60/4, which concerned Beech 60 model aircraft from 1969. Following a review, CASA decided to cancel this directive, effective from 5 June 2008. This cancellation does not require consultation with the Australian public as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is unnecessary for ADs. The Manager, Airframes in the Airworthiness Engineering Branch, issued this directive on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by these regulations include the requirement for CASA to review and, if necessary, issue Australian ADs to ensure compliance with international standards and practices. Failure to comply with these ADs could result in serious safety issues, potentially leading to criminal or civil penalties under the Civil Aviation Act 1988. While specific penalties are not detailed in the provided text, breaches of airworthiness requirements can generally lead to enforcement actions, fines, or other legal consequences as prescribed by the Act.