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 65/59 Amendment 1, affecting Beech 65 model aircraft in 1984. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 3 July 2008. No replacement AD is required, as 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, enacted by the Commonwealth Parliament, is the primary legislation governing civil aviation in Australia. It was introduced to establish a comprehensive regulatory framework that ensures the safety and efficiency of civil aviation operations within the country. One significant aspect of this Act is the ability of the Governor-General to make regulations under section 98, which is intended to safeguard air navigation. This regulatory power is exercised by the Civil Aviation Safety Authority (CASA), as per regulation 39.001 of the Civil Aviation Safety Regulations 1998, allowing CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The overarching goal of these measures is to maintain the highest standards of safety and airworthiness in accordance with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. Under this Act, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products, reflecting the obligations under Annex 8 of the Convention on International Civil Aviation. The application of these regulations extends to all aircraft registered in Australia, including both domestically registered aircraft and foreign aircraft operating within Australian airspace. The ADs are legislative instruments subject to disallowance and scrutiny as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations is comprehensive, covering the entire spectrum of aircraft types and aeronautical products used in civil aviation within Australia, with no specific exclusions or thresholds mentioned in the text. The application of the ADs can be extended or modified through subordinate instruments, providing flexibility in addressing specific safety concerns or changes in technology and practices.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to create regulations necessary for the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs align with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft within its registry.
The obligations imposed by these provisions include the requirement for CASA to review and assess any airworthiness directives issued by the State of Design that affect aircraft on the Australian Register. If deemed appropriate, CASA must then issue a corresponding Australian AD to mandate the necessary safety requirements. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained to internationally recognised standards. The State of Design must provide any necessary information to appropriate States of Registry to facilitate this process, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Failure to comply with airworthiness directives may result in various civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to significant penalties. Civil penalties can include fines up to a maximum of $21,000 for individuals and $105,000 for corporations, as stipulated in section 252 of the Act. Additionally, criminal penalties may apply, with individuals facing imprisonment for up to five years and corporations facing fines of up to $525,000, as outlined in section 254. These stringent penalties underscore the importance of adhering to airworthiness directives to maintain the high safety standards required in the aviation industry.