CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued AD 2004-21-05, affecting Kelly Aerospace combustion heaters, in 2004. The US is the State of Design for this product. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/AIRCON/12 Amendment 3. The amended AD, AD/AIRCON/12 Amendment 3, will become effective on 14 April 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs). These ADs are critical for maintaining the continuing airworthiness of aircraft and aeronautical products, as mandated by the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This regulatory framework aligns with international standards set by the International Civil Aviation Organization (ICAO) through Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its international obligations while prioritising safety in civil aviation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the ongoing safety and airworthiness of aircraft and aeronautical products. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These directives are issued under the authority of the Governor-General and are recognised as legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to the implementation of international standards as set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. In cases where the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue a corresponding Australian AD. For instance, in response to the US Federal Aviation Administration’s AD 2004-21-05 concerning Kelly Aerospace combustion heaters, CASA amended the Australian AD to AD/AIRCON/12 Amendment 3, which became effective on 14 April 2005. This process highlights the importance of international cooperation in maintaining aviation safety standards without necessitating public consultation or a Regulatory Impact Statement, as the ADs are issued in compliance with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General may make regulations in the interests of air navigation safety. Regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument and thus a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
These ADs are imperative for maintaining the continuing airworthiness of aircraft, a responsibility assigned to the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the States of Registry to ensure the aircraft's airworthiness. For instance, when the United States, as the State of Design for Kelly Aerospace combustion heaters, issued AD 2004-21-05 in 2004, CASA, as Australia's national airworthiness authority, assessed this information and issued an equivalent Australian AD. This process ensures that the requirements of the State of Design are appropriately adopted and mandated in Australia.
The obligations imposed by these regulations primarily fall on CASA and the States of Registry. CASA must evaluate and, if necessary, issue ADs that align with those from the State of Design to maintain airworthiness standards. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. This collaborative effort ensures compliance with international safety standards and maintains the safety of air navigation.
Breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 can lead to significant consequences. Failure to comply with ADs may result in civil or criminal penalties, depending on the severity of the breach. While the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives is a serious matter that can impact flight safety and result in legal ramifications for the parties involved.