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 76-25-05 affecting Beech 23 and 24 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 23/48, which will become effective on 28 August 2008.
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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia and to establish the Civil Aviation Safety Authority (CASA) as the national authority responsible for the safety, efficiency and security of civil aviation. It was introduced to address the need for a comprehensive legislative framework to govern the safety and regulation of civil aviation activities in Australia, ensuring the protection of life and property in the air, on the ground, and in the airspace. The Act was passed by the Australian Parliament and its primary policy objective is to maintain and enhance the safety and efficiency of civil aviation in Australia. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for CASA to issue airworthiness directives to mandate safety requirements for aircraft and aeronautical products, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 apply to all persons involved in the operation, maintenance, and certification of aircraft within Australia, including operators, owners, and maintenance providers. The scope of these regulations extends to the issuance of airworthiness directives, which are legislative instruments that mandate safety requirements for specific types of aircraft or aeronautical products. These directives are issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988. The regulations are in line with international standards set by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and requires States of Registry to ensure compliance with airworthiness standards. The ADs issued under these regulations are a response to directives issued by the State of Design, such as the US Federal Aviation Administration, and are implemented to meet Australia's obligations under the Convention. Notably, these directives do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and are made by CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to enact regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) states that an AD is considered a disallowable instrument, meaning it can be reviewed and potentially disallowed by Parliament. Furthermore, under the Legislative Instruments Act 2003, an AD is classified as a legislative instrument, indicating its formal status and regulatory impact.
The obligations imposed by these provisions include ensuring that the State of Design, which is responsible for the design of an aircraft type, provides necessary information to maintain the aircraft’s airworthiness. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure continuing airworthiness. When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements within Australia. This process ensures that all aircraft registered in Australia meet the necessary safety standards as outlined by the relevant State of Design.
In terms of compliance and enforcement, any breach of the ADs can lead to significant legal consequences. While the specific civil or criminal penalties are not detailed in the text, it is clear that non-compliance with ADs can result in actions against the operator or owner of the aircraft. The consequences may include fines, suspension or revocation of the aircraft's certificate of airworthiness, and potential legal action. The severity of these penalties can vary depending on the nature and extent of the non-compliance.
Additionally, the legislative framework ensures that ADs issued under Australia's obligations under the Convention on International Civil Aviation do not require public consultation, as determined by the Office of Best Practice Regulation. This is because ADs are a direct response to safety issues identified by the State of Design and are not subject to a Regulatory Impact Statement. The ADs are drafted by authorised personnel within CASA, ensuring they are properly reviewed and enacted in accordance with the relevant sections of the Civil Aviation Act 1988.