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 New Zealand CAA has issued AD DCA/750XL/10 affecting PAC 750XL model aircraft. New Zealand is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/750XL/10, which will become effective on 05 April 2007.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. The Act grants authority to the Governor-General to make regulations for the safety of air navigation, as seen in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. The purpose of these ADs is to mandate compliance with safety standards and maintain the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance and review, and issued by CASA following assessments of directives from the relevant State of Design, such as New Zealand in the case of the PAC 750XL model aircraft. The policy objective is to ensure that Australian aviation standards are consistent with international safety requirements, thereby protecting public safety and maintaining the integrity of the Australian aviation system.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products to ensure the safety of air navigation. These regulations apply to any person or entity involved in the operation or maintenance of aircraft registered in Australia, thus encompassing a broad range of industries within the aviation sector. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are governed by the Legislative Instruments Act 2003. The scope of these directives is influenced by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types and must share necessary information with States of Registry. In Australia, CASA assumes the role of the national airworthiness authority, requiring it to assess and, if necessary, issue Australian ADs in response to directives from the State of Design. This process was exemplified by the issuance of Australian AD/750XL/10 in response to New Zealand’s AD DCA/750XL/10 for PAC 750XL model aircraft, demonstrating the international coordination required by the legislation. As ADs are issued in compliance with international obligations and in response to directives from other states, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to make regulations to ensure the safety of air navigation. This authority is further exercised through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are essential for maintaining the safety and airworthiness of aircraft. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation require the State of Design to maintain the continuing airworthiness of an aircraft type and provide necessary information to the appropriate States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA as Australia's national airworthiness authority, must ensure that the continuing airworthiness of an aircraft is upheld. When the State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, the New Zealand Civil Aviation Authority issued AD DCA/750XL/10 for the PAC 750XL model aircraft, and CASA issued Australian AD/750XL/10 following a similar assessment.
Any breaches of the ADs can lead to significant civil or criminal consequences. Non-compliance with airworthiness directives can result in severe penalties, including fines and imprisonment, as the primary goal is to ensure the safety of air navigation. The ADs are designed to maintain the highest safety standards, and any failure to adhere to these directives can compromise the safety of aircraft operations. Therefore, it is crucial for all stakeholders, including aircraft manufacturers, operators, and maintenance providers, to comply with the directives to avoid legal repercussions.