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 90/60 affecting Beechcraft F90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/60. 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 legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. One of its key provisions allows the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is responsible for issuing and managing ADs, ensuring that they comply with international obligations and domestic safety requirements. In the case of AD/BEECH 90/60, which affected Beechcraft F90 model aircraft, CASA assessed and subsequently cancelled the directive as the unsafe condition it targeted no longer exists. This cancellation is in accordance with Australia’s obligations under the Convention and did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific types of aircraft and aeronautical products, setting forth mandatory requirements to maintain airworthiness. Under regulation 39.001, CASA can issue ADs which are classified as disallowable instruments under the Acts Interpretation Act 1901 and as legislative instruments under the Legislative Instruments Act 2003. The geographic reach of these regulations is national, with CASA acting as Australia’s national airworthiness authority, ensuring compliance with international standards set by Annex 8 to the Convention on International Civil Aviation. The ADs mandate the continuing airworthiness of aircraft registered in Australia, overseen by the State of Registry, which is responsible for implementing the directives issued by the State of Design. The scope of the ADs extends to all entities involved in the maintenance and operation of the specified aircraft types within Australia, ensuring that the safety standards are uniformly applied across the industry.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, respectively, provide the authority for 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 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities include ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, which in Australia is CASA, must then develop or adopt requirements to maintain the airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA is obligated to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 and the obligations outlined under the Convention on International Civil Aviation establish specific consequences for non-compliance. If an entity fails to adhere to the requirements set forth in an AD, it may face civil or criminal penalties. Under section 102 of the Civil Aviation Act 1988, failure to comply with ADs can result in severe penalties, including fines and imprisonment. The exact penalties are not detailed in the provided text but typically include substantial fines for corporations and imprisonment terms for individuals, depending on the severity of the non-compliance and its impact on aviation safety. The authority to enforce these penalties lies with CASA, which acts as the national airworthiness authority in Australia.