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 76/13, affecting Beech 76 model aircraft in 1983. 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 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, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. This legislation empowers the Governor-General to create regulations for these purposes, and under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established. One of the key provisions of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain airworthiness standards for aircraft types and aeronautical products registered in Australia. In line with the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft. CASA, acting as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue Australian ADs to enforce the required measures. The aim is to ensure that Australian-registered aircraft meet the necessary safety standards, thereby addressing any identified gaps in the regulatory framework.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to make regulations that facilitate the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue ADs for particular types of aircraft or aeronautical products. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, thus carrying the force of law. These directives are instrumental in ensuring the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. The issuance, review, and cancellation of such ADs are integral to maintaining the safety standards in the aviation industry, and in the case of AD/BEECH 76/13, CASA determined that its cancellation was appropriate as all affected aircraft had already been inspected and modified as necessary.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly in relation to airworthiness directives (ADs), are section 98 of the Act, which allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Regulations, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The Civil Aviation Act 1988 and its regulations impose specific obligations on parties and entities involved in the aviation industry. For example, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure airworthiness to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the case of Australia, CASA, acting as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
Under the Civil Aviation Safety Regulations 1998, any breach of the ADs could potentially lead to significant consequences. Although the specific provisions of the Act and Regulations do not explicitly detail the offences, penalties, or civil/criminal consequences for non-compliance with ADs, it is understood that failing to adhere to these directives can result in serious safety risks, potentially leading to civil or criminal liability. CASA's authority to issue ADs and the regulatory framework within which they operate imply that non-compliance could attract penalties as prescribed under other relevant aviation legislation or safety regulations. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and applicable laws.