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 USA FAA has issued AD 2004-23-02 Amendment 39-13857 affecting Beechcraft aircraft. USA is the State of Design for Beechcraft aircraft types. CASA has assessed this AD and has issued Australian AD/BEECH 300/20, which will become effective on 5 July 2007.
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 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 was enacted to provide for the regulation of civil aviation in Australia, with a strong emphasis on safety and efficiency. The Act empowers the Governor-General to create regulations that serve the interests of safe air navigation. One of the mechanisms provided by the Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. In accordance with the Civil Aviation Safety Regulations 1998, CASA can issue these directives for specific kinds of aircraft or aeronautical products. The objective of these directives is to mandate compliance with safety standards set forth by the State of Design, as per Annex 8 of the Convention on International Civil Aviation. This approach aligns with Australia's international obligations and ensures that the safety measures adopted are globally consistent. In the case of the USA issuing AD 2004-23-02 Amendment 39-13857 for Beechcraft aircraft, CASA has assessed the directive and issued Australian AD/BEECH 300/20, effective from 5 July 2007. Given that this AD responds to international obligations and the directive of the relevant State of Design, no public consultation was required, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is not necessary.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to any aircraft or aeronautical products registered in Australia, encompassing both the State of Design and the State of Registry. An airworthiness directive is a legislative instrument, and its issuance is contingent upon the assessment of continuing airworthiness information provided by the State of Design. For example, in response to the United States Federal Aviation Administration’s (FAA) AD 2004-23-02 Amendment 39-13857 concerning Beechcraft aircraft, CASA issued Australian AD/BEECH 300/20, effective from 5 July 2007. The issuance of such directives is governed by international obligations under the Convention on International Civil Aviation, and no public consultation is required as per the Legislative Instruments Act 2003. The ADs are crafted by CASA’s designated officials in compliance with the Civil Aviation Act 1988, thereby ensuring adherence to international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. According to these provisions, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for certain types of aircraft or aeronautical products to ensure their safety and airworthiness. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and legislative scrutiny under the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to evaluate ADs issued by the State of Design, which is the country responsible for the design of the aircraft. For instance, when the United States Federal Aviation Administration (FAA) issues an AD for Beechcraft aircraft, CASA must assess its content and, if deemed necessary, issue a corresponding Australian AD. This is mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for an aircraft’s continuing airworthiness on both the State of Design and the State of Registry.
Breaching the requirements set out in these ADs can have significant consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in various penalties. Specifically, section 98A of the Act stipulates that operating an aircraft that does not comply with an AD can lead to enforcement actions. The Civil Aviation Safety Regulations 1998 further elaborate on these penalties, which can include fines and imprisonment for non-compliance with ADs. The specific penalties are determined by the seriousness of the non-compliance and can vary accordingly.