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 FAA of USA issued AD 2004-25-16, affecting Kelly Aerospace B-Series combustion heaters in 2004. USA is the State of Design for Kelly Aerospace B-Series combustion heaters. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 2. The amended AD, AD/AIRCON/13 Amendment 2, 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, enacted by the Commonwealth Parliament, serves as the primary legislation governing civil aviation in Australia. This Act was introduced to ensure the safety and efficiency of civil aviation within the country, aligning with international standards and practices. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, as a means to mandate the continuing airworthiness of aircraft and aeronautical products. The policy objective of these directives is to maintain the highest safety standards in alignment with the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry. This legislation ensures that Australia meets its international obligations and maintains safe practices in civil aviation.
Scope and Application
The Civil Aviation Regulations 1998, specifically regulation 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are established in the interests of ensuring the safety of air navigation and are applicable to all entities involved in the design, manufacturing, maintenance, and operation of the specified aircraft or products. Geographically, the application of these directives is national, as CASA acts as Australia's primary airworthiness authority, aligning with international obligations under the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are not subject to public consultation or regulatory impact statements, as they are issued in response to international obligations and directives from the aircraft's State of Design. Any amendments or updates to existing ADs, such as the recent amendment to AD/AIRCON/13, are made in accordance with the legislative framework set out in the Civil Aviation Act 1988 and are implemented to maintain the continuing airworthiness of aircraft registered in Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 focus on ensuring the safety of air navigation. Section 98 of the Act empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. Subregulation 39.001(5) confirms that an AD is a disallowable instrument, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and regulations centre on the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for ensuring the aircraft's airworthiness and must provide necessary information to the State of Registry. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must review the information and, if necessary, issue an equivalent Australian AD to enforce the requirements. This process is exemplified in the case of the Kelly Aerospace B-Series combustion heaters, where CASA amended the Australian AD following a directive from the Federal Aviation Administration (FAA) of the USA, the State of Design.
In terms of consequences for non-compliance, breaches of the ADs may lead to various civil and criminal penalties. Although specific penalties are not detailed in the text, non-compliance with airworthiness directives can result in severe consequences, including fines and imprisonment, as well as potential grounding of the aircraft until the required compliance measures are met. The regulatory framework ensures that all parties adhere to stringent safety standards to protect the public and maintain the integrity of air navigation.