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 90/2 affecting Beechcraft 65-90 and 65-A90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/2. 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, enacted by the Commonwealth Parliament, provides the legislative framework for ensuring the safety of civil aviation within Australia. This Act empowers the Governor-General to make regulations necessary for air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address issues related to the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the process for issuing these directives, ensuring they align with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of the ADs is to maintain and enhance the safety of air navigation by mandating specific requirements for aircraft and aeronautical products based on assessments of potential safety issues.
Scope and Application
The Civil Aviation Act 1988, as amended, and its associated Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These regulations are designed to ensure the safety of air navigation, and as such, they apply to all aircraft registered in Australia and their operators. ADs serve as a mechanism for ensuring the continuing airworthiness of aircraft and are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with implementing the necessary requirements to maintain this airworthiness. CASA, acting as Australia’s national airworthiness authority, reviews and issues Australian ADs based on assessments of information provided by the State of Design. The AD/BEECH 90/2, issued by CASA and affecting Beechcraft 65-90 and 65-A90 model aircraft, has been cancelled effective 3 July 2008, due to the resolution of the unsafe condition it was intended to address. This cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, authorises the Governor-General to create regulations that support the Act, particularly with the aim of ensuring the safety of air navigation. Regulation 39.001 of 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. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design bears the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry to ensure this airworthiness. ADs serve as the primary means of communicating continuing airworthiness information, and are issued by most ICAO Contracting States. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must establish or adopt requirements to ensure this airworthiness. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA has issued and subsequently cancelled AD/BEECH 90/2, which affected Beechcraft 65-90 and 65-A90 model aircraft. CASA assessed the AD and determined that the unsafe condition no longer existed, resulting in the cancellation of the Australian AD/BEECH 90/2, effective from 3 July 2008. No replacement AD is required as the unsafe condition has been resolved. Due to Australia’s obligations under the Convention on International Civil Aviation, no public consultation was necessary for this cancellation. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
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. The cancellation of the AD was a result of fulfilling obligations under international conventions and the assessment of the continuing airworthiness of the aircraft in question. This process highlights the regulatory framework and the importance of international cooperation in ensuring aviation safety.