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 90/73 affecting Beechcraft 65-90, 65-A90 and B90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/73. 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, was established to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 further detail the mechanisms by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to maintain the safety and airworthiness of aircraft. These regulations are rooted in international standards, particularly Annex 8 of the Convention on International Civil Aviation, which delineates responsibilities for the continuing airworthiness of aircraft types between the State of Design and the State of Registry. In line with these international obligations, CASA has the authority and responsibility to assess and, if necessary, issue or cancel ADs based on evaluations of safety risks associated with specific aircraft types. This legislative framework ensures that Australian civil aviation practices align with global safety standards, thus protecting the public and enhancing the safety of air travel.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the legal framework for the issuance and management of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that ensure the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments as defined under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. Under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. The issuance, amendment, or cancellation of such ADs is a critical component of ensuring aviation safety within Australia's jurisdictional reach.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations aimed at enhancing the safety of air navigation. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are governed by subregulation 39.001(5), which designates them as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they qualify as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which is the country where the aircraft type was designed, holds primary responsibility for ensuring the continuing airworthiness of the aircraft. This responsibility includes providing necessary information to ensure that the aircraft remain airworthy, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the individual aircraft is registered, is also responsible for its continuing airworthiness. Consequently, when a State of Design issues an AD concerning an aircraft type on the Australian Register, CASA, as Australia's national airworthiness authority, is required to evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
In a specific instance, CASA issued AD/BEECH 90/73 concerning Beechcraft 65-90, 65-A90, and B90 model aircraft. After assessment, CASA has cancelled this AD, effective 31 July 2008. The cancellation is a result of Australia's obligations under the Convention on International Civil Aviation and does not involve any unsafe conditions. Therefore, no replacement AD is necessary. Given the nature of this cancellation, no public consultation or Regulatory Impact Statement was required, as determined by the Office of Best Practice Regulation.
The AD was issued by the Manager, Systems and New Technologies, Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act. This process ensures that ADs are issued in accordance with the statutory framework and international obligations, thereby maintaining the safety and airworthiness of aircraft registered in Australia.