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 US FAA has issued AD 73-24-01 affecting Gulfstream (Rockwell) 112 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AC-112/16, which will become effective on 28 August 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety of air navigation in Australia, aiming to protect public safety and ensure efficient and safe air transport. This Act grants the Governor-General the authority to make regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, serving as legislative instruments, are essential tools to maintain the safety standards of aircraft in line with international obligations under the Convention on International Civil Aviation. The Australian ADs are issued in response to directives from the State of Design, ensuring that Australian aircraft comply with internationally recognised safety standards and mandates.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) which are critical for ensuring the safety of air navigation. The Act applies to all persons and entities involved in civil aviation in Australia, including aircraft operators, manufacturers, and maintenance organisations, and extends to all aircraft registered in Australia, irrespective of their location. ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to mandate specific actions or compliance with certain safety standards to address identified safety issues with aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft as required by international conventions, such as Annex 8 to the Convention on International Civil Aviation. Notably, ADs are issued in response to directives from the State of Design or as a result of Australia's obligations under international agreements, without the need for public consultation or a Regulatory Impact Statement. The ADs are assessed and issued by CASA, which acts as Australia's national airworthiness authority, ensuring that they align with international safety standards and address potential safety risks effectively.
Key Provisions
The main operative sections of this legislation include sections 98 of the Civil Aviation Act 1988 and 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 allows the Governor-General to make regulations for the Act’s purposes, while section 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Additionally, subregulation 39.001(5) establishes that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, a legislative instrument as defined by the Legislative Instruments Act 2003.
The obligations and requirements imposed by this Act on the parties and entities it governs are primarily centred around ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design bears overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. CASA, as Australia’s national airworthiness authority, is obligated to assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
In terms of offences, penalties, or consequences for breach, the legislation does not explicitly outline specific sanctions for non-compliance with ADs. However, the overarching aim of the ADs is to ensure safety and compliance in air navigation. Non-compliance could potentially lead to severe consequences, including grounding of aircraft, legal action, and potential civil or criminal penalties, though the exact penalties are not detailed within this specific legislative excerpt. It is understood that such breaches could result in significant ramifications under broader aviation safety laws and regulations.