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/13 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/13, which will become effective on 5 July 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 framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation provides the legal basis for the Civil Aviation Safety Regulations 1998, which were designed to address specific safety concerns and operational requirements within the civil aviation industry. One such regulation is the issuance of airworthiness directives (ADs) under section 39.001 of the Civil Aviation Safety Regulations, which allows the Civil Aviation Safety Authority (CASA) to mandate corrective actions to ensure the continuing airworthiness of aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make these regulations to safeguard air navigation, and the policy objective is to maintain the highest standards of safety in Australia’s civil aviation sector. The Civil Aviation Safety Regulations 1998, in turn, delegate authority to CASA to issue ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives often respond to international standards and obligations under the Convention on International Civil Aviation, as exemplified by the issuance of Australian AD/750XL/13 in response to a New Zealand AD concerning the Pacific Aerospace 750XL model aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to States of Registry, which include Australia. CASA, as the national airworthiness authority, evaluates this information and issues corresponding ADs when necessary, such as AD/750XL/13 in response to New Zealand's AD DCA/750XL/13 for the Pacific Aerospace 750XL model aircraft. The issuance of these ADs does not require public consultation as it is a response to international obligations and requirements, and the Office of Regulatory Review has determined that such directives do not necessitate a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to airworthiness directives (ADs) are sections 98 and 39.001, respectively. Under section 98, the Governor-General has the authority to create regulations for the Act, specifically for the safety of air navigation. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore constitutes a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations primarily rest on CASA as Australia's national airworthiness authority. CASA must assess information provided by the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type. If CASA determines that an AD issued by the State of Design is appropriate, it must issue a corresponding Australian AD to mandate the requirements for the aircraft on the Australian Register. This ensures compliance with international standards and obligations under the Convention on International Civil Aviation.
In terms of legal consequences, there are no specific offences or penalties outlined in the text for failure to comply with ADs. However, non-compliance with ADs could potentially lead to enforcement actions by CASA, including grounding of the aircraft, suspension or revocation of certificates, and legal proceedings against the aircraft operator. These actions are intended to ensure the safety and airworthiness of aircraft operating within Australia.
The text also clarifies that no consultation of the Australian public was necessary for this particular AD, as it was issued in response to obligations under the Convention on International Civil Aviation and an AD by the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.