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 65/13 affecting Beechcraft 65, A65, 65-80 and 65-B80 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 65/13. The cancellation will become effective on 3 July 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, Manager, Airframe and Structures, 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 air navigation and civil aviation in Australia. In pursuit of this objective, the Act allows the Governor-General to make regulations under section 98, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative framework addresses the need for continuous airworthiness information, aligning with the international standards set by the International Civil Aviation Organization (ICAO). The Act facilitates the cancellation of ADs, such as AD/BEECH 65/13 affecting certain Beechcraft models, when the unsafe conditions they address are resolved, reflecting Australia's commitment to international civil aviation obligations and safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This legislation applies to all aircraft registered in Australia and extends to the entities responsible for ensuring the ongoing airworthiness of such aircraft, including aircraft manufacturers and operators. Geographically, the Act applies nationally across Australia, reflecting the federal nature of civil aviation regulation. Airworthiness directives are considered legislative instruments under the Legislative Instruments Act 2003, and they are issued in compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. Notably, the Act allows for the cancellation of ADs, as demonstrated in the case of AD/BEECH 65/13, which was cancelled due to Australia's international obligations, and thus did not require public consultation or a Regulatory Impact Statement. The issuance and cancellation of such directives are managed by CASA, which acts in accordance with its statutory obligations and international commitments.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations for the Act, particularly for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered 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. This legislative framework ensures that ADs are formal, legally binding instruments aimed at maintaining the safety and airworthiness of aircraft.
The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry to ensure the continuing airworthiness of a type. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet this responsibility. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA has issued and subsequently cancelled AD/BEECH 65/13, which affected Beechcraft 65, A65, 65-80, and 65-B80 model aircraft. This cancellation was made following an assessment by CASA, which determined that the unsafe condition addressed by the AD no longer existed. Consequently, the Australian AD/BEECH 65/13 was cancelled, effective from 3 July 2008, without the need for a replacement AD. Given the obligations under the Convention on International Civil Aviation, no consultation with the Australian public was required for this cancellation. The Office of Best Practice Regulation also determined that ADs do not necessitate a Regulatory Impact Statement.
In terms of the obligations imposed by this AD, CASA must ensure that any AD issued complies with the requirements of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The AD must be assessed, and if necessary, mandated to ensure the safety and airworthiness of the affected aircraft. Failure to comply with an AD can result in significant legal and safety consequences, as the regulations are designed to prevent unsafe conditions from compromising flight safety. The AD was made by the Manager, Systems and New Technologies, Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.