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.
CASA issued AD/BEECH 18/17 Amdt 4 affecting Beechcraft 18 model aircraft. CASA has reviewed this AD and has amended it to include reference to the State of Design AD, FAA AD 75-27-09R2. The amended AD, AD/BEECH 18/17 Amdt 5 will become effective on 21 January 2010. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Planning and Governance, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety, efficiency and the orderly development of air transport services. This legislation empowers the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives. These directives are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to mandate specific requirements for aircraft and aeronautical products. As per section 46A of the Acts Interpretation Act 1901, these directives are considered disallowable instruments, and thus, in accordance with the Legislative Instruments Act 2003, they are legislative instruments. The Civil Aviation Act 1988 aims to address the problem of ensuring the safety of air navigation by providing a robust legislative framework that aligns with international standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are instrumental in maintaining the continuing airworthiness of aircraft as mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry, in this case CASA as Australia's national airworthiness authority, is responsible for the continuing airworthiness of individual aircraft on the Australian Register. This legislation applies to all aircraft registered in Australia and those involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers. The geographic reach of this Act is national, aligning with Australia's obligations under international civil aviation conventions. While the Act generally applies to all relevant entities within its scope, specific exclusions or exemptions are not detailed within the provided text, and the application may be further defined or restricted through subordinate instruments.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. Section 98 of the Civil Aviation Act 1988 supports this by allowing the Governor-General to make regulations that serve the safety of air navigation. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, with the requirement that they must be disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
These airworthiness directives impose certain obligations on the parties involved. The State of Design, which is the country responsible for the aircraft's design, must provide all necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is the country where the aircraft is registered, must adopt or develop requirements to maintain the airworthiness of the aircraft in their jurisdiction. CASA, as Australia’s national airworthiness authority, is tasked with assessing the information provided by the State of Design and issuing corresponding ADs as required. This includes amending existing ADs, such as AD/BEECH 18/17 Amdt 5, which amends the previous directive to align with the State of Design’s AD, FAA AD 75-27-09R2.
Non-compliance with these airworthiness directives can result in serious legal consequences. Offences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal penalties. Civil penalties may include fines and other monetary sanctions, while criminal penalties can include imprisonment, reflecting the severity of non-compliance in matters of air safety. The specific penalties are determined by the courts based on the nature and extent of the breach, but they can be substantial given the critical importance of airworthiness regulations.
In summary, the Civil Aviation (Safety) Regulations 1998, supported by the Civil Aviation Act 1988, establish a framework for issuing airworthiness directives to ensure aircraft safety. These directives are integral to fulfilling international obligations and are enforced through rigorous obligations placed on States of Design and Registry, as well as CASA. Failure to comply with these regulations can lead to significant civil and criminal penalties, underscoring the importance of adherence to these safety measures.