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. 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 FAA has issued AD 2005-01-18 affecting Raytheon Model 200 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 200/55, Amendment 3, which will become effective on 14 April 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 Section Head - Airframes/Systems, 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 regulate civil aviation and ensure the safety of air navigation within Australia, addressing the need for comprehensive legal frameworks governing the industry. Under the authority granted by section 98 of this Act, the Governor-General has the power to make regulations for the purposes of the Act, specifically to ensure the safety of air navigation. In line with these objectives, the Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. These directives serve as legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The issuance of these directives is a crucial mechanism for maintaining the safety and integrity of the Australian civil aviation system, fulfilling Australia's obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations for the Act's purposes, with a focus on air navigation safety. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The issuance of ADs aligns with international standards, as stipulated by Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for an aircraft type's continuing airworthiness. CASA, as Australia's national airworthiness authority, is mandated to assess and, when necessary, issue Australian ADs to ensure compliance with the State of Design's requirements. This process does not require public consultation or a Regulatory Impact Statement as it pertains to international obligations and responses to directives from the relevant State of Design. The AD is made by CASA on behalf of the Governor-General, in accordance with subsection 84A(2) of the Act, ensuring the directives are implemented effectively and efficiently.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation, which includes the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies these ADs as disallowable instruments, and by extension, as legislative instruments under the Legislative Instruments Act 2003.
The Act imposes several obligations on the parties it governs. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry to ensure the aircraft's ongoing airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In the context of Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process ensures compliance with international standards and obligations.
Failure to adhere to the provisions outlined in an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The severity of the offence and the associated penalties can vary, but the Act provides for both civil and criminal penalties. For instance, a person who contravenes an AD may be subject to fines, imprisonment, or both, depending on the nature and severity of the offence. The maximum penalties are not specified in the text provided, but they are typically outlined in the relevant sections of the Act and related regulations. It is crucial for all parties involved to comply with ADs to maintain the safety and airworthiness of aircraft.