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 EASA issued AD 2006-0140R2, affecting aircraft, fitted with CTT Systems AB Zonal Drying System P/N 1000-001, 2000-000, 2000-005, 2001-001, 2001-006, 3000-000 Rev.A, 3000-001, 3000-002 Rev.A and 3000-002 Rev.D. Germany is the State of Design for the Supplemental Type Certificate (STC). CASA has amended the equivalent Australian AD to AD/AIRCON/14 Amendment 2. The amended AD will become effective on 20 November 2008. 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for regulatory frameworks governing the civil aviation sector. The Act provides the legislative foundation for regulating air navigation, aircraft operations, and airworthiness standards, among other aviation-related matters. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, detail specific safety requirements and processes, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the highest possible safety standards in Australia's civil aviation sector, in line with international obligations and best practices. The issuance of airworthiness directives is a legislative instrument managed by CASA, ensuring compliance with national and international aviation safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring the safety of air navigation in accordance with international standards. These directives apply to aircraft registered in Australia, and the State of Registry, in this case CASA, is responsible for the continuing airworthiness of such aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This process is integral to Australia’s obligations under the Convention on International Civil Aviation, and while these directives are typically issued in response to international ADs, they are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and their issuance is managed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA.
Key Provisions
The key provisions of the Civil Aviation Act 1988, particularly section 98, empower the Governor-General to enact regulations essential for 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) concerning specific aircraft types or aeronautical products. Under subregulation 39.001(5), these ADs are classified as disallowable instruments, as per section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the State of Design’s responsibility to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of aircraft. When an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements.
The European Aviation Safety Agency (EASA) issued AD 2006-0140R2 concerning specific aircraft equipped with CTT Systems AB Zonal Drying System parts. Given Germany’s status as the State of Design for the Supplemental Type Certificate (STC), CASA updated the Australian equivalent AD to AD/AIRCON/14 Amendment 2. This amendment will take effect on 20 November 2008, replacing the previous AD. Because this AD aligns with Australia’s obligations under the Convention on International Civil Aviation and responds to an AD from the relevant State of Design, no public consultation was required, and no Regulatory Impact Statement was necessary, as determined by the Office of Regulatory Review. The AD was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Offences or breaches of these ADs can lead to significant consequences. Non-compliance with an AD can result in the aircraft being deemed unairworthy, potentially leading to severe civil or criminal penalties. The maximum penalties for such offences can include substantial fines and imprisonment, depending on the severity of the breach and the impact on aviation safety. Civil penalties may also be imposed, which can further include suspension or revocation of the aircraft's airworthiness certificate. These measures ensure adherence to safety standards and the maintenance of airworthiness for all aircraft operating under Australian jurisdiction.