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 2005-18-21 affecting Raytheon (Beech) 1900 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 1900/47, which will become effective on 4 October 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 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 Parliament of Australia, was introduced to establish a comprehensive framework governing civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that align with the Act's objectives, particularly those related to the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions by authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby maintaining the continuing airworthiness of aircraft registered in Australia. The authority to issue ADs is rooted in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and mandates the provision of necessary information to States of Registry. In compliance with these international obligations, CASA has the responsibility to assess ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to ensure adherence to international safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia, applying to all entities and individuals involved in the operation of aircraft, as well as the manufacturers of aeronautical products. The Act and Regulations specifically empower the Civil Aviation Safety Authority (CASA) to issue ADs for various kinds of aircraft or aeronautical products, ensuring adherence to safety standards. Geographically, the Act and Regulations operate on a national level, enforcing compliance across all states and territories within Australia. The issuance of ADs is underpinned by international obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. The ADs are legislative instruments and are subject to disallowance, ensuring they meet the necessary regulatory scrutiny. While the ADs are issued in response to international directives and obligations, they are tailored to address Australian-specific aviation safety concerns and are enforced by CASA as Australia's national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness directives (ADs) in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations that contribute to the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design, which is the country where the aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This obligation is outlined in Annex 8 to the Convention on International Civil Aviation, and requires the State of Design to provide necessary information to ensure the airworthiness of the aircraft type to the relevant State of Registry. Conversely, the State of Registry, which is the country where the individual aircraft is registered, is responsible for the continuing airworthiness of that specific aircraft. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must evaluate this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The obligations placed on parties under this legislation are clear and specific. The State of Design must ensure the continuing airworthiness of the aircraft type and provide necessary information to the State of Registry. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and issue corresponding Australian ADs if deemed necessary. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia. Failure to comply with these obligations could result in the aircraft being deemed non-airworthy, which could lead to significant safety risks.
The Civil Aviation Safety Regulations 1998 also outline potential consequences for breaches of the ADs. While the specific offences and penalties are not detailed in the provided text, it is common in regulatory frameworks for non-compliance with ADs to result in substantial penalties. These could include fines, suspension or revocation of airworthiness certificates, and potentially criminal charges for more severe violations. The consequences are designed to ensure that all parties adhere to the stringent safety standards mandated by the regulations, thereby maintaining the high level of safety in Australia’s civil aviation sector.