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 90/7 affecting Beechcraft 65-90 and 65-A90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/7. The cancellation will become effective on 31 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, Manager, Airframe and Structures, 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 framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that support its objectives, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, serve as a mechanism for ensuring the continuing airworthiness of aircraft in line with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for assessing international ADs and, where necessary, issuing corresponding Australian ADs. In the specific case of AD/BEECH 90/7, which affected Beechcraft 65-90 and 65-A90 model aircraft, CASA has cancelled the Australian directive due to the resolution of the underlying safety issue, effective from 31 July 2008, without the need for a replacement AD. The AD was issued by CASA in accordance with the Civil Aviation Act 1988 and does not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, and they are issued in accordance with the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of aircraft types. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must ensure the continuing airworthiness of aircraft on the Australian Register by assessing and implementing ADs as required. The AD/BEECH 90/7, affecting Beechcraft 65-90 and 65-A90 model aircraft, has been cancelled by CASA as the unsafe condition it addressed no longer exists, and this cancellation is consistent with Australia’s international obligations under the Convention. The process did not require public consultation or a Regulatory Impact Statement, and the directive was issued by the Manager, Systems and New Technologies, Manager, Airframe and Structures, in the Airworthiness Engineering Branch of CASA in accordance with the Act.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (sections 98 and 39.001 respectively) provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations permits 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 are classified as legislative instruments according to the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia's national airworthiness authority, is required to assess any ADs issued by the State of Design of an aircraft type on the Australian Register and, if necessary, issue an Australian AD to ensure compliance with the airworthiness requirements of the State of Design. The State of Registry of an individual aircraft, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation.
An example of this process in action is the cancellation of AD/BEECH 90/7, which affected Beechcraft 65-90 and 65-A90 model aircraft. CASA assessed the AD issued by the State of Design and determined that the unsafe condition no longer existed, leading to the cancellation of the Australian AD. This cancellation, which will become effective on 31 July 2008, does not require a replacement AD and was made in accordance with the obligations under the Convention on International Civil Aviation. No consultation with the Australian public has taken place on this AD cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The issuance and enforcement of ADs under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are critical to maintaining the safety of air navigation in Australia. Failure to comply with an AD can result in significant penalties, including fines and imprisonment. For example, section 94 of the Civil Aviation Act imposes penalties for non-compliance with ADs, with maximum penalties for individuals being a fine of up to 200 penalty units ($33,000) and/or imprisonment for up to two years, and for corporations being a fine of up to 1,000 penalty units ($165,000). These provisions underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australia.