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 2008-07-10 affecting Hawker Beechcraft B300 series aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 300/22, which will become effective on 13 May 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, Systems and New Technologies in the Airworthiness Engineering Branch, 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, establishes the framework for ensuring the safety of air navigation in the country. This Act grants the Governor-General the authority to create regulations that promote air navigation safety, as stipulated in section 98. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These ADs are legislative instruments that mandate compliance to ensure the continuing airworthiness of aircraft registered in Australia. CASA, as Australia's national airworthiness authority, issues these directives in response to ADs from the State of Design or other relevant authorities, such as the US Federal Aviation Administration (FAA), to align with international civil aviation standards. This legislative framework ensures that Australia meets its obligations under the Convention on International Civil Aviation, specifically concerning the responsibility of the State of Design for the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988, complemented 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. This legislation applies to all aircraft and aeronautical products within Australia, and the issuance of ADs is a regulatory instrument under the authority granted by the Act. ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. In particular, these regulations mandate that CASA, as Australia's national airworthiness authority, must respond to ADs issued by the State of Design of an aircraft type by assessing their applicability and, if necessary, issuing corresponding Australian ADs. This process ensures that all aircraft registered in Australia meet the required safety standards, without the need for public consultation as it pertains to international obligations and pre-existing international directives. The ADs are considered legislative instruments and are exempt from the requirement for a Regulatory Impact Statement, reflecting their technical nature and the critical importance of timely safety measures.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. One such regulation is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
In line with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to ensure its airworthiness to States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, the US Federal Aviation Administration (FAA) issued AD 2008-07-10 for Hawker Beechcraft B300 series aircraft, and CASA issued Australian AD/BEECH 300/22, effective from 13 May 2008.
The Act imposes specific obligations on CASA to assess and, if required, issue ADs in response to ADs from the relevant State of Design. This process is mandated by Australia's obligations under the Convention on International Civil Aviation, and no public consultation is necessary as these ADs are made in response to international obligations. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD is made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are no specific offences, penalties, or civil/criminal consequences outlined in the provided text for breaches of the ADs. However, failure to comply with ADs can lead to serious safety implications, potentially resulting in civil aviation safety violations and legal actions. The consequences of non-compliance may include fines, enforcement actions, or grounding of the aircraft, as determined by CASA under the broader regulatory framework of the Civil Aviation Act 1988 and associated regulations.