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 90/13 affecting Beechcraft 65-90 and 65-A90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/13. 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 for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act grants the Governor-General the authority to make regulations under section 98 to achieve this objective, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments, which are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation, where the State of Design has the responsibility to provide necessary information to the States of Registry, including Australia.
In accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has the responsibility to assess and issue ADs as required. In the case of AD/BEECH 90/13, which affected Beechcraft 65-90 and 65-A90 model aircraft, CASA has determined that the unsafe condition no longer exists and has subsequently cancelled the AD, effective from 3 July 2008. Given that the cancellation is a result of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public or Regulatory Impact Statement was required. The AD cancellation 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.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. Under these regulations, CASA has the authority to issue ADs for specific kinds of aircraft or aeronautical products, thereby imposing regulatory requirements on aircraft owners, operators, and manufacturers within the Australian jurisdiction. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA’s role involves assessing international ADs issued by States of Design and, if deemed necessary, issuing corresponding Australian ADs. This particular AD/BEECH 90/13 concerning Beechcraft 65-90 and 65-A90 model aircraft has been cancelled due to the resolution of the unsafe condition it was addressing, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The cancellation reflects Australia’s commitment to international aviation safety standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, focus on the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA, as Australia’s national airworthiness authority, has a duty to assess ADs issued by the State of Design and determine if an Australian AD is necessary to ensure the continuing airworthiness of aircraft registered in Australia. This aligns with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and requires it to provide necessary information to the States of Registry. The State of Registry must then develop or adopt requirements to ensure the airworthiness of individual aircraft.
The obligations imposed by these provisions include the requirement for CASA to review and potentially issue an Australian AD when a State of Design issues one for aircraft types registered in Australia. CASA must also ensure that the cancellation of an AD, such as AD/BEECH 90/13 affecting Beechcraft 65-90 and 65-A90 model aircraft, is communicated effectively and the cancellation becomes effective on the specified date. The obligation to consult the public or to prepare a Regulatory Impact Statement does not apply to ADs, as determined by the Office of Best Practice Regulation.
In terms of consequences, breaches of the requirements set out in ADs can lead to significant civil or criminal penalties. While specific penalties are not detailed in the provided text, non-compliance with airworthiness directives can generally result in severe consequences, including fines and potential imprisonment. These penalties are designed to ensure adherence to safety standards and the maintenance of airworthiness in compliance with international civil aviation regulations.