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 USA FAA issued AD 2004-25-16 R1 Amendment 39-14076 affecting Kelly Aerospace Power Systems Fuel Regulator Shutoff Valves in 2005. USA is the State of Design for that equipment. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 3. The amended AD, AD/AIRCON/13 Amendment 3, will become effective on 7 July 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 Australian Parliament, aims to regulate civil aviation safety and ensure the safety of air navigation. As part of this legislative framework, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, as per regulation 39.001. This regulatory approach aligns with the responsibilities of the State of Design, which under Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing such information and issuing Australian ADs to mandate the requirements of the State of Design, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1998, applies to any aircraft registered in Australia, their operators, and the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. This legislation governs the issuance of airworthiness directives (ADs) by CASA, which are regulatory instruments designed to ensure the continuing airworthiness of aircraft. ADs are issued in response to safety concerns identified by the State of Design or under Australia's obligations under the Convention on International Civil Aviation. The scope of the ADs extends to all aircraft types and aeronautical products that fall under the jurisdiction of CASA, including those designed or manufactured outside Australia but registered and operated within the country. The application of these regulations is national in reach, applying uniformly across the Commonwealth of Australia. While the ADs are legally binding, certain exclusions or exemptions may apply based on specific circumstances or aircraft types, as determined by CASA in consultation with relevant international and domestic aviation standards. The ADs may also be extended or restricted through subordinate instruments, as necessary to address emerging safety issues or technological advancements in the aviation industry.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations in the interests of the safety of air navigation (Civil Aviation Act 1988, s 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (Civil Aviation Safety Regulations 1998, reg 39.001). According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The Act and regulations impose several obligations on the parties involved. The State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to the appropriate States of Registry (Annex 8, Convention on International Civil Aviation). The State of Registry, in this case, CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements (Annex 8, Convention on International Civil Aviation; Civil Aviation Safety Regulations 1998, reg 39.001).
Additionally, the legislation outlines consequences for non-compliance. Any breaches of the ADs could potentially result in severe civil or criminal penalties, although specific penalties are not detailed in the provided text. The regulations and the Act focus more on the process of issuing ADs and ensuring the continuing airworthiness of aircraft rather than detailing the specific penalties for non-compliance. However, the general legal framework suggests that non-compliance with ADs could lead to significant consequences, including potential civil and criminal sanctions, depending on the nature and severity of the breach.