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 90/11 affecting Beechcraft 90 and 65-90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/11. 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 a comprehensive framework for civil aviation safety in Australia, establishing the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. The Act aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs), which are legislative instruments used to mandate compliance with safety requirements for aircraft types registered in Australia. These regulations reflect Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. The AD in question, AD/BEECH 90/11, affecting Beechcraft 90 and 65-90 model aircraft, has been cancelled by CASA following an assessment, as the unsafe condition it was addressing no longer exists. This cancellation is in line with Australia’s international obligations and has not required consultation with the public or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, encompasses a framework designed to ensure the safety of air navigation in Australia. Under this legislative regime, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legally binding instruments, mandated to maintain the continuing airworthiness of aircraft registered within Australia. The regulatory authority to issue such directives is derived from section 98 of the Civil Aviation Act 1988 and is further elaborated upon in regulation 39.001 of the Civil Aviation Safety Regulations 1998. Notably, ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The application of these regulations extends to ensuring that Australia complies with its obligations under Annex 8 to the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types designed in other countries. The issuance and cancellation of ADs, such as the recent cancellation of AD/BEECH 90/11 for Beechcraft 90 and 65-90 model aircraft, are critical in maintaining safety standards without necessitating public consultation or regulatory impact assessments as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and the regulations are centred around ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of the aircraft type under Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to ensure the airworthiness of the type to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. When an AD is issued by the State of Design, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also specify the consequences of failing to comply with an AD. While the specific penalties are not detailed in the provided text, it is clear that non-compliance with ADs could lead to safety issues, which may result in civil or criminal consequences. Given that ADs are legislative instruments, failure to adhere to them could potentially incur penalties as prescribed by law, although the exact nature of these penalties is not elaborated in the provided content.
In the context of the specific AD/BEECH 90/11 affecting Beechcraft 90 and 65-90 model aircraft, CASA assessed the AD and subsequently cancelled it because the unsafe condition no longer existed. The cancellation of this AD became effective on 3 July 2008, and no replacement AD was necessary. It is noteworthy that this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation. 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.