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 95/23 affecting Beechcraft 95 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 95/23. 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, 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 Australian Parliament, was introduced to regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation. This Act grants the Governor-General the authority to make regulations for the safety of air navigation and empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for aircraft types and aeronautical products. In alignment with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry must ensure the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues Australian airworthiness directives when necessary. The cancellation of AD/BEECH 95/23 for Beechcraft 95 model aircraft, effective 31 July 2008, exemplifies CASA's role in maintaining the safety standards in accordance with international obligations, without the need for a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) under the authority of the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs pertain to the continuing airworthiness of aircraft and are aligned with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The geographic reach of these regulations applies nationally within Australia, ensuring compliance with international standards for the safety of air navigation. The application of ADs is not subject to consultation with the Australian public or the requirement of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The authority to issue and cancel ADs, such as AD/BEECH 95/23 for Beechcraft 95 model aircraft, lies with CASA and is executed by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch, pursuant to the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, specifically concerning the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and they are essential for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties and entities they govern are significant. The State of Design, which is the State where the aircraft type was designed, is responsible for the continuing airworthiness of that aircraft type. This responsibility includes providing necessary information to ensure the continuing airworthiness of the aircraft to the States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is required to assess information provided by the State of Design and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Failure to comply with the requirements set out in an AD can lead to serious consequences. While the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties, non-compliance with ADs can result in severe civil or criminal consequences under other provisions of the Civil Aviation Act 1988. For instance, operating an aircraft in a manner that does not comply with ADs can result in offences under sections such as section 41 (unlawful interference with aircraft), section 50 (dangerous operation of aircraft), or section 53 (failure to comply with regulations). Penalties for such offences can include substantial fines and imprisonment, reflecting the serious nature of ensuring air safety. CASA's authority to issue ADs is thus a critical tool in maintaining the safety of air navigation in Australia.