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 90/26 affecting Beechcraft 90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/26. 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 regulate civil aviation safety in Australia, addressing the need for comprehensive legal frameworks to ensure the safety and efficiency of air navigation. This legislation empowers the Governor-General to create regulations, including those for airworthiness, to protect the public and maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998, as an integral part of this legislative framework, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are designed to ensure that aircraft maintain their airworthiness throughout their operational life, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind these regulations is to uphold the highest safety standards in civil aviation, reflecting Australia's commitment to international agreements and the safety of its airspace.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outlines the regulatory framework governing the issuance of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98, which are intended to protect the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, serve as a means of continuing airworthiness information, mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft registered within its territory. CASA, acting as Australia's national airworthiness authority, is tasked with assessing ADs issued by States of Design and issuing corresponding Australian ADs as necessary. The legislative process for issuing and cancelling ADs is conducted in accordance with the relevant sections of the Civil Aviation Act 1988, without the need for public consultation or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that support the Act, particularly focusing on the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) of these regulations classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and by extension, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation, is responsible for ensuring the continuing airworthiness of an aircraft type, and must provide any necessary information to the States of Registry to maintain this airworthiness. Consequently, when a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The obligations placed on the parties governed by this legislation are substantial. The State of Design must take primary responsibility for the continuing airworthiness of an aircraft type, ensuring that all relevant information is provided to the States of Registry. The State of Registry, in turn, must develop or adopt necessary requirements to guarantee the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, has the obligation to assess information provided by the State of Design and issue Australian ADs where appropriate. These obligations ensure a coordinated approach to maintaining the safety and airworthiness of aircraft registered in Australia, aligning with international standards and obligations under the Convention on International Civil Aviation.
Failure to comply with the requirements set out in the ADs can lead to significant consequences. The Act and associated regulations impose obligations that, if breached, could result in safety risks and potential hazards in air navigation. While specific offences and penalties are not detailed in the provided text, it is understood that non-compliance with airworthiness directives can lead to enforcement actions by CASA, which may include administrative penalties, legal actions, or other regulatory measures to ensure compliance and maintain the safety standards mandated by the legislation. The seriousness of these consequences underscores the importance of adhering to the ADs issued by CASA and the broader obligations placed on the States of Design and Registry.