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 a correction to AD 2006-07-15 affecting Thrush Aircraft S2R and 600 S2D model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AC-SNOW/24, Amendment 5, which will become effective on 9 May 2006. 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, 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 provide a framework for the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under the Act, the Governor-General has 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 certain types of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind this legislation is to uphold international safety standards and ensure the safe operation of aircraft within Australian airspace by mandating compliance with necessary safety directives.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) within Australia. The Act applies to any person or entity involved in the operation of aircraft within Australian airspace or on the Australian aircraft register, including aircraft manufacturers, operators, and maintenance providers. The regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs to ensure the safety and continuing airworthiness of aircraft types registered in Australia, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The geographic reach of these regulations is national, as they pertain to the entire Australian jurisdiction, encompassing all states and territories. While the regulations broadly cover the issuance of ADs, there are no specific exclusions or exemptions mentioned in the text. However, the ADs themselves may contain specific conditions and limitations as necessary to ensure safety. The authority to issue ADs can be extended or detailed through subordinate instruments, although such specifics are not elaborated in the provided text.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness, with specific reference to the issue of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations that are necessary for the safety of air navigation. Section 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulatory action is intended to ensure that aircraft remain airworthy throughout their operational life. Subregulation 39.001(5) classifies an AD as a disallowable instrument, and it is thus considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act in accordance with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the USA for Thrush Aircraft S2R and 600 S2D models, is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry, which include Australia. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required measures. This ensures that Australian-registered aircraft comply with the safety standards set by the State of Design.
In terms of compliance, any breach of the requirements stipulated in an AD could lead to serious consequences. While the specific legal consequences are not detailed in the provided text, it can be inferred that non-compliance with airworthiness directives can result in enforcement actions against the aircraft operator or owner. Such actions could include grounding of the aircraft, fines, or other legal penalties. The maximum penalties for non-compliance would depend on the specific regulatory framework and any additional legislation that might be applicable.
The legislative process for issuing such directives, as outlined in the text, does not require public consultation or a Regulatory Impact Statement, given that ADs are issued in response to international obligations and directly related to aircraft safety. This directive 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, ensuring that the authority has acted within its legal powers.