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 90/71 Amendment 2 affecting Beechcraft 90, C90 and F90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/71 Amendment 2. 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation safety in Australia, with the overarching goal of ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby facilitating compliance with international standards and promoting safety within the aviation industry. As an instrument of regulation, an AD is a legislative instrument that adheres to the requirements outlined in the Legislative Instruments Act 2003. In the case of AD/BEECH 90/71 Amendment 2, which affected Beechcraft 90, C90, and F90 model aircraft, CASA has determined that the unsafe condition addressed by the AD no longer exists, leading to the cancellation of the directive effective from 31 July 2008. This decision is in accordance with Australia's obligations under the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and requires States of Registry to develop or adopt requirements to ensure the airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are critical to ensuring the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act's purposes, including the issuance of ADs by the Civil Aviation Safety Authority (CASA) for specific kinds of aircraft or aeronautical products. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, these ADs serve as a means to mandate airworthiness requirements, which are further delineated under subregulation 39.001(5) as disallowable instruments. These ADs, as legislative instruments, are issued in compliance with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of aircraft types, and to the State of Registry for individual aircraft. The application of these ADs extends to all aircraft registered in Australia, and CASA, acting as Australia’s national airworthiness authority, is mandated to assess and, where appropriate, issue Australian ADs to enforce the requirements set by the State of Design. The scope of these regulations is both national and international, ensuring compliance with both Australian and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to make regulations in the interest of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (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 in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations of the Act and the regulations require the State of Design, the entity responsible for designing the aircraft, to maintain the continuing airworthiness of the aircraft type and to provide necessary information to States of Registry. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
CASA issued AD/BEECH 90/71 Amendment 2, which affected Beechcraft 90, C90, and F90 model aircraft. After assessment, CASA determined that the unsafe condition addressed by this AD no longer existed, leading to the cancellation of AD/BEECH 90/71 Amendment 2. This cancellation became effective on 31 July 2008, and no replacement AD was required. Given the obligations under the Convention on International Civil Aviation, no public consultation was conducted regarding the AD cancellation, and the Office of Best Practice Regulation determined that no Regulatory Impact Statement was necessary for this AD.
In accordance with subsection 84A(2) of the Civil Aviation Act 1988, the AD was made by the Manager, Systems and New Technologies, Manager, Airframe and Structures, in the Airworthiness Engineering Branch on behalf of CASA. This process underscores the regulatory framework's emphasis on safety and compliance with international standards. The Civil Aviation Safety Regulations 1998 further define the procedures and requirements for issuing and managing ADs, ensuring that any actions taken by CASA align with the overarching goal of maintaining air navigation safety.