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 77/9, affecting Beech 77 model aircraft in 1982. 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 was enacted to regulate and ensure the safety of air navigation within Australia, establishing the framework for aviation safety standards, licensing, and operations. Complementing this primary legislation, the Civil Aviation Safety Regulations 1998 provide further detail on implementing the Act's provisions, including the issuance of airworthiness directives (ADs). The ADs serve as a critical tool for maintaining the continuing airworthiness of aircraft and aeronautical products. Section 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. This regulatory mechanism aligns with international standards set by Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and the State of Registry for ensuring aircraft airworthiness. CASA, acting as Australia's national airworthiness authority, reviews and issues ADs based on directives from the State of Design, ensuring compliance with both national and international safety standards. The process of issuing and cancelling ADs, such as AD/BEECH 77/9 for Beech 77 model aircraft, is conducted to maintain the safety and regulatory efficiency of the aviation sector in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such directives are legislative instruments that are subject to disallowance and are intended to ensure the safety of air navigation, as outlined in Annex 8 to the Convention on International Civil Aviation. In accordance with this international framework, the State of Design is tasked with maintaining the continuing airworthiness of an aircraft type, while the State of Registry is responsible for ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is required to issue Australian ADs when necessary, based on information from the State of Design. For example, CASA previously issued AD/BEECH 77/9 for Beech 77 model aircraft in 1982, but has since decided to cancel this directive, effective 3 July 2008, due to all affected aircraft already having been modified. This cancellation reduces regulatory burden without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry. The State of Design, under Annex 8 of the Convention on International Civil Aviation, is tasked with maintaining the continuing airworthiness of an aircraft type and must furnish any necessary information to ensure this. Correspondingly, the State of Registry is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to uphold this. When an AD is issued by a State of Design, CASA must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the originating State of Design.
The Civil Aviation Safety Regulations 1998 also address the procedural aspects of issuing and cancelling ADs. For example, CASA issued AD/BEECH 77/9 in 1982, which affected Beech 77 model aircraft. After review, CASA decided to cancel this AD, effective from 3 July 2008. This cancellation was based on the premise that all affected aircraft would have already been modified, making a new AD unnecessary. Additionally, no public consultation was required as the cancellation reduced regulatory burden. The Office of Best Practice Regulation has confirmed that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the requirements set out in ADs can lead to various legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in significant penalties. Civil penalties can include fines up to $275,000 for individuals and $1.375 million for corporations, as outlined in section 38. Criminal penalties, which can be imposed in more severe cases, include imprisonment for up to five years or both, as per section 44. These provisions underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft within Australian airspace.