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 DAC/750XL/12A affecting Pacific Aerospace Limited 750XL model aircraft. New Zealand is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/750XL/9, Amendment 1, which will become effective on 2 April 2007. This AD cancels and replaces the previous issue.
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, New Technologies and Systems, 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, serves to regulate civil aviation and ensure the safety of air navigation within the country. This legislation empowers the Governor-General to make regulations for the purposes of the Act, with a clear focus on the safety of air navigation. The Act's objective is to establish a robust regulatory framework that meets international standards while ensuring the safety and efficiency of civil aviation in Australia. Complementing the Act are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs, as legislative instruments, are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The ADs play a crucial role in maintaining the continuing airworthiness of aircraft, in line with obligations under the Convention on International Civil Aviation and the responsibilities of the States of Design and Registry.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to enact regulations in the interest of air navigation safety. Regulation 39.001 specifically empowers CASA to issue ADs for specified types of aircraft or aeronautical products, which are designated as disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. This legislation applies to entities such as aircraft manufacturers, operators, and aviation authorities both within Australia and internationally, particularly in coordination with the State of Design and State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. ADs are essential for maintaining the continuing airworthiness of aircraft, and their issuance reflects Australia's commitment to international safety standards. Notably, while these directives are issued in response to international obligations and existing ADs from the State of Design, they do not require public consultation or a Regulatory Impact Statement, reflecting their urgent and critical nature.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This legislative authority is further clarified in subregulation 39.001(5), which stipulates that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to the States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate this information 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 DAC/750XL/12A for Pacific Aerospace Limited 750XL model aircraft, with New Zealand being the State of Design. CASA has assessed this directive and issued Australian AD/750XL/9, Amendment 1, which will take effect on 2 April 2007, replacing the previous AD.
The obligations imposed by these provisions require CASA to act promptly in assessing and implementing ADs issued by the States of Design. CASA must ensure that all aircraft within the Australian register meet the continuing airworthiness standards set forth in these directives. Additionally, the State of Registry must implement the necessary measures to comply with these ADs, including inspecting, maintaining, or modifying the aircraft as required by the directive. These obligations ensure that aircraft remain safe and airworthy, thereby protecting public safety and maintaining international compliance with civil aviation standards.
Failure to comply with the requirements of an AD can result in serious legal consequences. Under section 28 of the Civil Aviation Act 1988, any person who contravenes an AD can be liable for a civil penalty of up to $275,000 for individuals and $1.375 million for corporations. Furthermore, CASA can initiate proceedings in the Federal Court to enforce compliance or seek injunctive relief. In severe cases, non-compliance can also lead to criminal penalties, including fines and imprisonment, under section 32 of the Act. These provisions underscore the importance of strict adherence to ADs in maintaining the safety and integrity of the civil aviation system.