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 60/5 affecting Beechcraft 60 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 60/5. 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, serves to regulate civil aviation activities in Australia and ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of air navigation safety. One such regulation, the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific requirements to maintain the continuing airworthiness of aircraft, ensuring they meet safety standards as per international conventions such as the Convention on International Civil Aviation. The policy objective behind these regulations is to align Australian practices with international standards and to uphold the safety and efficiency of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and managed in Australia. Under the Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments and legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The State of Design of an aircraft bears the responsibility for ensuring the continuing airworthiness of the aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft within its registry. Consequently, CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The issuance and cancellation of such ADs are aligned with international standards and obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that ensure the safety of air navigation, while 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. These ADs serve as a legislative instrument, as stipulated under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are regulated under section 6 of the Legislative Instruments Act 2003. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for ensuring the ongoing airworthiness of an aircraft type, and must furnish any necessary information to the appropriate States of Registry. Consequently, when the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is obligated to assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
In accordance with Annex 8, the State of Registry, which in this context is Australia, must establish or adopt regulations to guarantee the ongoing airworthiness of aircraft. CASA, as the national airworthiness authority, has assessed an existing AD/BEECH 60/5 that affected Beechcraft 60 model aircraft and decided to cancel it, effective 5 June 2008. This cancellation was based on Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was necessary. The Office of Best Practice Regulation has determined 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 cancellation of AD/BEECH 60/5 indicates that the unsafe condition addressed by the directive no longer exists. Consequently, no replacement AD is required. The process of issuing and cancelling ADs is a critical aspect of maintaining air safety in Australia. Failure to comply with these regulations may result in civil or criminal penalties, depending on the severity of the breach. For instance, failure to adhere to an AD may lead to fines or imprisonment, as stipulated under the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The specific penalties for non-compliance with ADs are detailed in the respective sections of these Acts and may include substantial financial penalties or imprisonment for serious breaches.