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 2006-08-09 affecting Airtractor AT 800 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT 800/7, which will become effective on 5 May 2006.
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, was introduced to provide a comprehensive legal framework governing civil aviation activities within Australia, ensuring the safety and efficiency of air navigation. Section 98 of this Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998, also established by the Australian Parliament, further specify the implementation of safety measures, including the issuance of airworthiness directives (ADs) under regulation 39.001. These ADs, which are legislative instruments subject to disallowance, are crucial for maintaining the continuing airworthiness of aircraft types. As Australia is a signatory to the Convention on International Civil Aviation, the State of Design holds responsibility for the airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. Consequently, the Civil Aviation Safety Authority (CASA) issues Australian ADs in response to directives from the State of Design, as exemplified by the recent AD/AT 800/7 for Airtractor AT 800 model aircraft. This regulatory approach is designed to harmonise with international standards and uphold the highest safety benchmarks.
Scope and Application
The Civil Aviation (Airworthiness Directives) Determination 2006 is a legislative instrument issued under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The scope of this particular AD pertains to Airtractor AT 800 model aircraft, which are registered in Australia. This determination is made in response to AD 2006-08-09 issued by the United States Federal Aviation Administration (FAA) as the State of Design, and aligns with Australia's obligations under Annex 8 of the Convention on International Civil Aviation. CASA has evaluated the information and issued Australian AD/AT 800/7, effective from 5 May 2006. This determination is applicable to aircraft operators, manufacturers, maintenance providers, and other entities involved in the operation, maintenance, or manufacture of Airtractor AT 800 aircraft registered in Australia. The AD imposes obligations on these entities to ensure compliance with the safety requirements specified in the AD. The jurisdiction of this AD extends to all aircraft of the specified type registered in Australia, regardless of the location of operation. The AD does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD is issued under the authority of the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to establish regulations that safeguard the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further stipulates that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to the Legislative Instruments Act 2003.
Under these provisions, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the airworthiness of the aircraft type to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
For instance, the US Federal Aviation Administration (FAA) has issued AD 2006-08-09 affecting the Airtractor AT 800 model aircraft, with the USA being the State of Design. CASA has evaluated this AD and subsequently issued Australian AD/AT 800/7, which will take effect on 5 May 2006. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation of the Australian public has occurred. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This AD was 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.
In terms of compliance, parties and entities governed by these regulations must adhere to the issued ADs, which are crucial for maintaining the airworthiness of aircraft. Failure to comply with an AD can lead to severe consequences, as CASA enforces these directives to ensure safety standards are met. Breaches of these requirements can result in civil or criminal penalties, including fines and potential imprisonment, depending on the severity of the violation. The specific penalties for non-compliance are detailed in relevant sections of the Civil Aviation Act 1988 and associated regulations.