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 65/10 Amendment 1, affecting Beech 65 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, as 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 ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, delegating the responsibility to the Civil Aviation Safety Authority (CASA). One significant aspect of these regulations is the issuance of airworthiness directives (ADs), which CASA can issue for specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments that mandate continuing airworthiness requirements and are crucial for maintaining safety standards in line with international conventions such as Annex 8 to the Convention on International Civil Aviation. The cancellation of an AD, such as AD/BEECH 65/10 Amendment 1 affecting Beech 65 model aircraft from 1969, is a decision made by CASA after thorough review, reflecting a reduction in regulatory burden and no requirement for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of aircraft. Under the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design for a type of aircraft registered in Australia, CASA must assess and, if necessary, issue an Australian AD to enforce the design state's requirements. In the instance of AD/BEECH 65/10 Amendment 1, CASA has determined that the AD, which affects Beech 65 model aircraft from 1969, will be cancelled effective 5 June 2008, as all affected aircraft have been inspected and modified as required. This cancellation, resulting in a reduction of regulatory burden, does not require public consultation or a Regulatory Impact Statement. The AD cancellation has been authorised by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (hereafter referred to as "the Act") empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation (section 98). One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). This regulation is further clarified in subregulation 39.001(5) which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the ongoing airworthiness of an aircraft type, including providing any necessary information to ensure that aircraft of that type can maintain airworthiness. These ADs are issued by most member states of the International Civil Aviation Organization (ICAO) and serve as a common means of maintaining airworthiness. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must establish or adopt requirements to ensure the airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA issued AD/BEECH 65/10 Amendment 1, which affects Beech 65 model aircraft from 1969. Following a review, CASA has decided to cancel this AD, which will take effect on 5 June 2008. This cancellation does not necessitate the issuance of a replacement AD, as all affected aircraft would have already been inspected and, if required, modified. The cancellation is intended to reduce the regulatory burden, and as such, no consultation with the Australian public has been required. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD in question has been created by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This legal framework imposes specific obligations and requirements on CASA and the State of Registry to ensure the ongoing airworthiness of aircraft. Any failure to comply with these requirements can result in civil or criminal consequences, including penalties for non-compliance with airworthiness directives. These penalties can vary but may include fines and other sanctions as outlined in relevant legislation. It is imperative for all parties involved to adhere to these directives to maintain the safety and airworthiness of aircraft within Australia.