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/9 affecting Pacific Aerospace 750XL model aircraft. New Zealand is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/750XL/12, which will become effective on 3 May 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, enacted by the Australian Parliament, is a foundational piece of legislation designed to regulate civil aviation activities within Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of aviation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail the procedures and criteria for issuing such directives, which are legally binding instruments under the oversight of the Civil Aviation Safety Authority (CASA). These regulations are established in accordance with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types. The policy objective underpinning these directives is to harmonise Australian aviation safety standards with international practices, ensuring both national and global aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations aimed at enhancing the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs serve as critical instruments in maintaining the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. Notably, ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus fall within the scope of the Legislative Instruments Act 2003. As such, CASA, acting on behalf of Australia, assumes the responsibility of issuing ADs in response to directives from the aircraft's State of Design, ensuring compliance with both national and international aviation safety standards. These directives are applicable to the relevant aircraft registered in Australia, ensuring that they meet the safety standards required for airworthiness within Australian jurisdiction.
Key Provisions
The primary sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) are section 98 of the Act and regulation 39.001 of the Regulations (39.001). Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are classified as disallowable instruments under the Acts Interpretation Act 1901 and, consequently, as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties governed by these provisions include the State of Design's responsibility to ensure the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to appropriate States of Registry to maintain the airworthiness of the aircraft type. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. In the context of Australia, CASA, as the national airworthiness authority, must assess information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. The specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, but generally, failure to adhere to airworthiness directives can result in severe penalties. These may include fines, imprisonment, or other sanctions as prescribed by relevant legislation. The maximum penalties would depend on the specific nature and severity of the breach, as well as the applicable laws and regulations.