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 French DGAC has issued AD 96-293(B) R1 affecting Auxiliary Power International Corporation APS 3200 auxiliary power units. France is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/APU/22, which will become effective on 30 April 2008.
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 Best Practice Regulation 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 Branch, 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 to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. A significant aspect of this legislation is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are essential for maintaining the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The problem the Act aims to address is ensuring that aircraft registered in Australia meet safety standards that are consistent with international obligations and domestic requirements. As an instrumental legislative measure, this Act allows CASA to issue ADs that mandate compliance with safety standards, thereby safeguarding the public and promoting the safe operation of aircraft within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are crucial for ensuring the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. When a State of Design issues an AD for an aircraft type registered in Australia, CASA is required to assess the information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This process adheres to Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for the individual aircraft’s continuing airworthiness. The issuance of ADs is therefore a critical component in maintaining airworthiness standards, and it is conducted without public consultation due to the international obligations and specific regulatory frameworks governing this area.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline key provisions for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This means ADs are legally binding instruments designed to ensure the ongoing airworthiness of aircraft.
The obligations imposed by the Act and Regulations require CASA to assess and, if appropriate, issue ADs in response to those issued by the State of Design, which is the country where the aircraft type was designed. For instance, if France issues an AD for a particular aircraft type, CASA must evaluate the information and decide if an Australian AD is necessary to mandate the requirements of the State of Design. The State of Registry, which is the country where the aircraft is registered, is also obligated to ensure the continuing airworthiness of individual aircraft. They must develop or adopt necessary requirements to maintain this airworthiness, in line with Annex 8 of the Convention on International Civil Aviation.
There are specific civil and criminal consequences for breaches of ADs. If a person or entity fails to comply with an AD, they may face legal action. The penalties can vary depending on the severity of the breach. For example, under section 36 of the Civil Aviation Act 1988, a person can be fined up to 200 penalty units ($42,500 as of 2023) for each offence of failing to comply with an AD. For corporations, the penalties can be significantly higher, with fines potentially reaching up to 2,000 penalty units ($425,000). Additionally, non-compliance with ADs can result in the grounding of aircraft, which has serious implications for aviation safety and operational continuity.