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 US FAA has issued AD 2006-23-09 affecting Air Tractor AT-600 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT 600/5, which will become effective on 18 January 2007.
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, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for the regulation of civil aviation within Australia. This Act was introduced to address the need for a comprehensive and coordinated approach to civil aviation safety, security, and industry regulation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the ongoing airworthiness of aircraft. One such AD, issued in response to an airworthiness directive from the United States Federal Aviation Administration (FAA), pertains to the Air Tractor AT-600 model aircraft, designed by the USA. CASA has evaluated the FAA's AD 2006-23-09 and issued its own AD/AT 600/5, effective from 18 January 2007, to mandate the requirements for Australian operators of this aircraft type. This action underscores Australia’s commitment to international aviation safety standards and its adherence to obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation within Australia and mandates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislation applies to all aircraft registered in Australia and to any aeronautical products used in Australian airspace, thereby encompassing both the aircraft operators and manufacturers that fall under its purview. The geographic reach of this Act is national, as CASA, as Australia's national airworthiness authority, is responsible for the safety and airworthiness of all aircraft registered in Australia. The ADs, which are legislative instruments as per the Legislative Instruments Act 2003, are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the responsibility for the continuing airworthiness of an aircraft type. The ADs are issued in response to safety concerns identified by the State of Design and are subsequently assessed and adopted by CASA. Notably, ADs are issued without public consultation, as they are governed by international agreements and the necessity to comply with safety directives from the aircraft’s country of design.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allows the Governor-General to issue regulations for air navigation safety (section 98). Regulation 39.001 of these regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 (subsection 39.001(5)). The ADs are crucial for ensuring the continuing airworthiness of aircraft, and they are typically issued by the State of Design, which has the overarching responsibility for the aircraft type under Annex 8 of the Convention on International Civil Aviation.
The obligations under the Civil Aviation Safety Regulations 1998 include the State of Design's duty to provide necessary information to ensure the continuing airworthiness of aircraft, which is then assessed and potentially mandated by the State of Registry, in this case CASA. CASA must review the ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs. For instance, the US Federal Aviation Administration (FAA) issued AD 2006-23-09 for Air Tractor AT-600 model aircraft, and CASA subsequently issued Australian AD/AT 600/5, effective from 18 January 2007.
The regulations also outline that since ADs are issued in response to international obligations and by the relevant State of Design, there is no requirement for public consultation or a Regulatory Impact Statement. The AD is drafted by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Breaching the requirements set out in the ADs can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts, but they can be substantial, reflecting the critical nature of aviation safety.