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.
CASA issued AD/BEECH 95/21 affecting Beechcraft 95 series aeroplanes. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, 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, ensuring safety and efficiency within the industry. It empowers the Governor-General to make regulations, including those concerning the issuance of airworthiness directives (ADs), as stipulated in section 98 of the Act. These ADs, which are legislative instruments as per section 6 of the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further outline the process for issuing ADs under regulation 39.001, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. In accordance with these regulations, CASA issued AD/BEECH 95/21 for Beechcraft 95 series aeroplanes, which has since been reviewed and cancelled by CASA, effective 19 November 2009. This cancellation was made without public consultation as it reduces the regulatory burden, and it does not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and must adhere to the requirements of the Legislative Instruments Act 2003. The authority to issue ADs is exercised by CASA in alignment with the responsibilities of the State of Design and State of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation. The ADs are intended to maintain the continuing airworthiness of aircraft and are a common regulatory tool among ICAO Contracting States. The scope of the ADs applies to the persons and entities operating the affected aircraft within Australia, ensuring compliance with the mandated safety standards. While the ADs themselves do not require public consultation or a Regulatory Impact Statement, they are meticulously reviewed and issued by CASA to safeguard the national aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the process for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act's purposes, 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 empowered to issue ADs for specific types of aircraft or aeronautical products. An AD, as detailed in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to assess any ADs issued by the State of Design and to issue corresponding Australian ADs if necessary. The State of Design, which is responsible for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, must provide essential information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When CASA cancels an AD, such as AD/BEECH 95/21 for Beechcraft 95 series aeroplanes, it must follow a formal process and ensure that the cancellation does not compromise safety standards.
There are specific consequences and penalties for non-compliance with ADs. Section 84A(2) of the Civil Aviation Act 1988 outlines the authority under which CASA issues these directives, and failure to comply with an AD can result in significant legal ramifications. Civil penalties for non-compliance can include fines and other sanctions, as specified by CASA. Criminal penalties may also apply, depending on the severity of the breach and the impact on aviation safety.
The regulatory process also includes considerations for the public and the regulatory impact. In this case, as the cancellation of AD/BEECH 95/21 reduces the regulatory burden, consultation with the public was deemed unnecessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, simplifying the process while ensuring compliance with safety standards.