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 300 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 300/7, Amendment 1, which will become effective on 10 March 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, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate and ensure the safety of civil aviation within Australia. The Act empowers the Governor-General to establish regulations that are pivotal for the safety of air navigation. One significant aspect of this legislation is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, specifically through regulation 39.001. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. This framework ensures that Australia aligns with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to maintain the continuing airworthiness of aircraft types and provide necessary information to States of Registry. CASA, as the national airworthiness authority, plays a crucial role in assessing and, if necessary, issuing Australian ADs in response to directives from the relevant State of Design, thereby fulfilling Australia’s international obligations and ensuring the safety and airworthiness of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the legislative framework for the regulation of civil aviation in Australia, with a particular emphasis on the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, ensuring that these regulations serve the overarching goal of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve as legislative instruments, as per subregulation 39.001(5) of the Regulations, which identifies them as disallowable instruments under the Acts Interpretation Act 1901. The geographic and jurisdictional reach of this legislation is both national and international, as it aligns with the standards set by Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, is obligated to issue corresponding Australian ADs when required by international obligations and in response to directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to create regulations that safeguard the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, which in this context is the country where the aircraft type is designed, bears the primary responsibility for the continuing airworthiness of that aircraft type. This State must supply any necessary information to ensure the ongoing airworthiness of the aircraft type to the relevant States of Registry. ADs are the most common means by which continuing airworthiness information is disseminated and are issued by most International Civil Aviation Organization (ICAO) Contracting States. Meanwhile, the State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the ongoing airworthiness of the aircraft.
Following the issuance of AD 2005-01-18 by the Federal Aviation Administration (FAA) concerning Raytheon Model 300 aircraft, where the United States is the State of Design, CASA, as Australia’s national airworthiness authority, has assessed this AD and issued Australian AD/BEECH 300/7, Amendment 1, effective from 10 March 2005. This Australian AD cancels and replaces the previous issue. Given Australia's obligations under the Convention on International Civil Aviation, and because this AD is in response to an AD issued by the relevant State of Design, no consultation with the Australian public has occurred regarding this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD has been issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in line with subsection 84A(2) of the Act.
Breaches of the ADs can lead to severe consequences, as these directives are integral to maintaining airworthiness standards. If an aircraft operator fails to comply with the AD, CASA may take enforcement action, which can include grounding the aircraft, imposing fines, or other civil or criminal penalties. The maximum penalties for non-compliance can vary, but they are designed to ensure strict adherence to the ADs to maintain the highest safety standards in civil aviation. It is crucial for all parties involved to comply with the ADs to prevent any potential safety risks and to avoid facing the consequences of non-compliance.