CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 US FAA issued AD 2004-23-02, affecting Raytheon A65, A65-8200, 65-A80, 65-A80-8800, 65-B80, 65-88 and 70 aircraft, in 2004. US is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BEECH 65/61, Amendment 4, which will become effective on 17 February 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations that serve the interests of aviation safety. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft as mandated by international conventions, such as Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is obligated to assess and, when necessary, issue Australian ADs in response to directives from the State of Design, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1998, provides the legislative framework for the regulation of civil aviation in Australia, focusing on safety and airworthiness. Under this Act, the Governor-General has the authority to make regulations, which are pivotal in maintaining the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, ensuring they comply with the continuing airworthiness standards set forth by international and national regulations. These ADs, which are considered disallowable instruments, serve to mandate specific safety requirements in response to identified issues. The Act applies to all aircraft registered in Australia and the entities responsible for their maintenance and operation, aligning with Australia's obligations under the Convention on International Civil Aviation and its Annex 8. The State of Design, which is typically the country where the aircraft type is designed, holds primary responsibility for ensuring the aircraft's continuing airworthiness, with the State of Registry—in this case, Australia—required to adopt and enforce these directives. The Act does not mandate public consultation for issuing ADs as they are responses to international obligations and design state directives, and they do not require a Regulatory Impact Statement. The issuance of ADs is further governed by CASA, acting under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The key provisions of this legislation are primarily found in sections 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 allows the Governor-General to create regulations in the interest of air navigation safety, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The AD issued is AD/BEECH 65/61, Amendment 4, which will become effective on 17 February 2005, and it cancels and replaces the previous issue.
The obligations and requirements imposed by this Act on the parties or entities it governs include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry is responsible for the continuing airworthiness of an individual aircraft and must develop or adopt requirements to ensure this. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The AD issued must be based on Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design.
Regarding offences, penalties, or civil/criminal consequences for breach, there is no specific mention of penalties in the text provided. However, failure to comply with an airworthiness directive can lead to severe consequences, including the grounding of an aircraft, which can have substantial financial and operational impacts on the operators. CASA, as the regulatory body, has the authority to enforce compliance with airworthiness directives, and non-compliance can result in enforcement actions being taken against the operators or owners of the affected aircraft.