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 has issued AD 2005-12-51 affecting Rockwell Model AT-6, BC-1A, SNJ, and T-6G series aircraft, and Autair Model Harvard and AT-16 series aircraft. USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AT-6/1, which will become effective on 10 June 2005.
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 - Airframes, 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 ensure the safety and efficiency of civil aviation in Australia, with a particular focus on the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation. One such regulation, made under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for such oversight on the State of Design. CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the State of Design, ensuring compliance with international standards. The ADs are legislative instruments and, as such, do not require public consultation or a Regulatory Impact Statement. Instead, they are issued by CASA in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Regulations 1998, particularly regulation 39.001, govern the issuance of airworthiness directives (ADs) in Australia. Under these provisions, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. An AD is a legislative instrument, as defined by the Legislative Instruments Act 2003, and can be issued in accordance with section 6 of that Act. These ADs apply to the entities responsible for ensuring the continuing airworthiness of aircraft, including the State of Design and the State of Registry of individual aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. The issuance of ADs is a response to international obligations and follows the assessment of airworthiness information provided by the relevant State of Design. Importantly, because ADs are issued in compliance with international obligations and in response to ADs from other states, they are exempt from public consultation requirements and do not necessitate a Regulatory Impact Statement. The ADs are drafted by CASA officials, specifically the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, and are issued under the authority of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, with specific reference to section 98 of the Act and regulation 39.001 of the Regulations (sections 98, 39.001). These provisions empower the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products to ensure safety in air navigation. This regulatory process is aligned with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. Under this international framework, the State of Design, in this case the USA, has issued AD 2005-12-51, which CASA has assessed and subsequently issued as Australian AD/AT-6/1, effective from 10 June 2005.
The obligations imposed by these provisions include CASA's duty to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the requirements for aircraft registered in Australia. This assessment ensures that Australian-registered aircraft meet international safety standards. Additionally, the State of Registry, in this instance CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. These obligations underscore the importance of maintaining consistent safety standards across different jurisdictions to protect the public and ensure the safe operation of aircraft.
Failure to comply with the requirements set forth in an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to civil or criminal penalties. Specifically, section 39B of the Act outlines the potential for penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties are significant, reflecting the critical nature of airworthiness directives in maintaining aviation safety. Therefore, entities and individuals subject to these regulations must adhere strictly to the directives to avoid legal repercussions.