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 65/27 Amendment 1 affecting Beechcraft 65 and 70 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 65/27 Amendment 1. 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, 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 for the safety and efficiency of civil aviation within Australia. This Act was introduced to address the need for a comprehensive legal framework governing the safety and regulation of civil aviation, ensuring that air navigation and aircraft operations are conducted in a manner that protects the public and promotes safe and efficient air travel. The Act empowers the Governor-General to make regulations for the purposes of the Act, in the interests of the safety of air navigation, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. The objective of this legislation is to ensure that Australian civil aviation practices adhere to international standards, thereby maintaining the safety and efficiency of air navigation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation in Australia. The Act allows the Governor-General to make regulations for the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated by the Legislative Instruments Act 2003. Geographically, these regulations apply within the Commonwealth of Australia, with CASA acting as the national airworthiness authority. The ADs issued must comply with the obligations under the Convention on International Civil Aviation, particularly the responsibility of the State of Design and State of Registry for the continuing airworthiness of aircraft. The Act and its regulations do not specify exclusions or exemptions, but rather mandate actions to ensure the safety and compliance of aircraft within Australian jurisdiction. The application of these regulations is further extended or restricted through subordinate instruments, such as the ADs themselves, which are subject to assessment and cancellation based on safety evaluations.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are essential tools for maintaining the airworthiness of aircraft and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments as per section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation stipulates that the State of Design bears the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure compliance with airworthiness standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the requirement for CASA to assess ADs issued by the State of Design. If an AD issued by the State of Design pertains to an aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to mandate the requirements set forth by the State of Design. This process ensures that Australian aircraft meet international safety standards. The State of Registry, in this case CASA, is also tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered in Australia. Furthermore, the ADs issued by CASA must comply with the provisions of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
In the case of AD/BEECH 65/27 Amendment 1, which affected Beechcraft 65 and 70 model aircraft, CASA assessed the AD and determined that it should be cancelled as the unsafe condition it addressed no longer existed. Consequently, the cancellation of this AD became effective on 3 July 2008. Since the cancellation was due to Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was required. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate 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 Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. Entities found in breach of an AD can face significant penalties. Under regulation 39.003, failure to comply with an AD can result in civil penalties, including fines. The maximum penalty for an individual is $33,000, while for a corporation, the maximum penalty is $165,000. Furthermore, continued non-compliance can lead to criminal charges, with individuals facing imprisonment for up to 12 months and corporations potentially facing fines of up to $660,000. These penalties underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.