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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 issued AD 2004-23-02, affecting Raytheon 1900 and 1900C aircraft, in 2004. US is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/Beech 1900/2, Amendment 1, which will become effective on 17 February 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting 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 of air navigation and to provide a legislative framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations, which are instrumental in maintaining air safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. The Australian Civil Aviation Safety Authority (CASA) plays a crucial role in this process by issuing ADs to mandate compliance with safety standards for aircraft types on the Australian Register. The 1988 Act was introduced to address the need for a cohesive legal framework governing civil aviation, ensuring that all aspects of air navigation safety are adequately regulated and enforced. The policy objective of this legislation is to uphold the highest standards of safety and efficiency in civil aviation, aligning with international standards set by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The Act and its associated regulations govern the continuing airworthiness of aircraft registered in Australia and ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). CASA issues ADs to mandate requirements for the safety of aircraft types on the Australian Register, responding to directives issued by the State of Design or in fulfilment of Australia's obligations under international conventions. The application of these regulations extends to all aircraft types registered in Australia, regardless of their country of manufacture or design. The scope of ADs includes any necessary safety modifications, inspections, or operational restrictions deemed essential by CASA to maintain the airworthiness of aircraft. While the Act and Regulations mandate these safety measures, they do not require public consultation or a Regulatory Impact Statement for ADs, reflecting the critical and urgent nature of aviation safety directives. The issuance of ADs is a direct application of the regulatory framework established by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998, ensuring that Australian aviation safety standards are upheld in alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Governor-General to issue regulations that safeguard air navigation safety (section 98). Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The State of Design, such as the United States in the case of the Raytheon 1900 and 1900C aircraft, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the relevant States of Registry. In this instance, CASA, acting as Australia's national airworthiness authority, has assessed the information from the US Federal Aviation Administration's AD 2004-23-02 and issued an Australian AD/Beech 1900/2, Amendment 1, effective from 17 February 2005. This new AD supersedes the previous one.
The obligations imposed by the Act and the regulations on CASA and other parties are significant. CASA, as Australia’s airworthiness authority, must evaluate and, if necessary, implement ADs issued by the State of Design. This obligation stems from Annex 8 of the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry. CASA must ensure that the Australian ADs align with international standards and address any safety concerns identified by the State of Design. Additionally, the State of Registry must develop or adopt measures to maintain the continuing airworthiness of aircraft registered within its territory. This includes ensuring that all ADs issued by CASA are complied with by aircraft operators and owners.
Failure to comply with the ADs issued by CASA can result in serious consequences. Section 98 of the Civil Aviation Act 1988 stipulates that non-compliance with ADs can lead to penalties. Specifically, section 273 of the Act imposes fines and potential imprisonment for breaches. The severity of the penalties depends on the nature and extent of the non-compliance. For instance, section 273(1) provides for fines up to $16,500 for individuals and $82,500 for corporations, along with imprisonment for up to 12 months for individuals and 5 years for corporations. In cases where the breach involves a significant risk to aviation safety, the penalties can be even more severe, reflecting the critical nature of airworthiness regulations.