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/BN-2/46 affecting Pilatus Britten-Norman BN-2 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/BN-2/46. The cancellation will become effective on 18 December 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, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the primary legislation governing civil aviation within Australia, establishing the framework for safety regulations and standards. The Civil Aviation Safety Regulations 1998, which were also created by the Australian Government, detail the specific procedures and requirements for ensuring the safety of air navigation and aircraft airworthiness. Section 98 of the Act empowers the Governor-General to issue regulations in the interest of aviation safety, while regulation 39.001 of the 1998 Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, and their issuance is guided by international standards set out in Annex 8 to the Convention on International Civil Aviation. The objective of these regulations is to maintain the highest standards of safety and airworthiness for aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) within Australia, with the objective of ensuring the safety of air navigation. According to regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901. The State of Design, which is the State where an aircraft type is designed, holds primary responsibility for the continuing airworthiness of the aircraft type, while the State of Registry, where an individual aircraft is registered, is responsible for ensuring the ongoing airworthiness of that particular aircraft. In the event that a State of Design issues an AD concerning a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This process is in accordance with Annex 8 of the Convention on International Civil Aviation. The cancellation of Australian AD/BN-2/46 for Pilatus Britten-Norman BN-2 model aeroplanes, which has been determined by CASA, exemplifies this regulatory framework. It is worth noting that no consultation with the Australian public or the requirement of a Regulatory Impact Statement took place in this instance, as the cancellation of the AD was due to Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for the Act's purposes, particularly focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the safety of the aircraft. The State of Registry, which in Australia is CASA, must assess this information and, if appropriate, issue a corresponding AD to enforce the requirements set by the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained and meets international safety standards.
CASA, as Australia's national airworthiness authority, has issued and subsequently cancelled the Australian AD/BN-2/46, which pertained to Pilatus Britten-Norman BN-2 model aeroplanes. The cancellation of this AD, effective from 18 December 2008, was due to the resolution of the unsafe condition previously identified. No replacement AD is necessary as the condition no longer exists.
There were no consultations with the Australian public regarding the cancellation of this AD as it was carried out in compliance with Australia's international obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with the provisions of the ADs may result in civil or criminal consequences, including penalties as outlined by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These penalties may include fines and other enforcement actions to ensure adherence to air safety standards.