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 2007-08-08 Amendment 39-15025 affecting Beechcraft aircraft. The USA is the State of Design for Beechcraft aircraft types. CASA has assessed this AD and has issued Australian AD/BEECH 35/72, which will become effective on 7 June 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 Manager, New Technologies and Systems, 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 ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legislative framework for regulating the aviation industry, with a particular emphasis on safety. The Civil Aviation Safety Regulations 1998 further support this framework by detailing specific safety requirements and procedures, including the issuance of airworthiness directives. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives under regulation 39.001, ensuring that aircraft and aeronautical products meet necessary safety standards. As such, the Act and its associated regulations aim to harmonise Australia's aviation safety standards with international norms, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. The issuing of airworthiness directives, such as the Australian AD/BEECH 35/72, is a direct response to international safety directives and is executed to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and 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, ensuring compliance with the highest safety standards. These regulations apply to any person or entity involved in the operation, maintenance, or certification of aircraft within Australia, thereby extending to all aircraft registered in Australia and those foreign aircraft that enter Australian airspace. ADs serve as legislative instruments under the Acts Interpretation Act 1901, and their issuance is governed by international standards set forth in Annex 8 to the Convention on International Civil Aviation. Notably, the ADs are issued in response to directives from the State of Design or as a result of Australia's obligations under international agreements, without necessitating public consultation or a Regulatory Impact Statement. CASA, acting as Australia's national airworthiness authority, meticulously assesses and, if necessary, issues Australian ADs to ensure the safety and airworthiness of aircraft registered within Australia.
Key Provisions
The Civil Aviation Act 1988, and more specifically section 98, empowers the Governor-General to establish regulations that serve the purposes of the Act and safeguard the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. ADs play a crucial role in maintaining the continuing airworthiness of aircraft types, as stipulated under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are significant. The State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, as per Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry to ensure the aircraft's airworthiness. States of Registry must develop or adopt requirements to guarantee the continuing airworthiness of aircraft within their jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The USA Federal Aviation Administration (FAA) has issued AD 2007-08-08 Amendment 39-15025, which affects Beechcraft aircraft, and CASA has issued the corresponding Australian AD/BEECH 35/72. As the State of Design for Beechcraft aircraft types, the USA is responsible for the initial AD. CASA has assessed the information and issued the Australian AD, which will become effective on 7 June 2007. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and no consultation of the Australian public has taken place due to Australia's obligations under the Convention on International Civil Aviation and the response to the AD raised by the relevant State of Design.
In terms of potential consequences, there are no specified offences, penalties, or civil/criminal consequences for non-compliance with airworthiness directives in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, it is crucial for the parties and entities governed by the Act to adhere to the ADs to maintain the safety of air navigation. Failure to comply with the requirements of an AD may result in the grounding of an aircraft or aeronautical product, which could lead to safety risks and potential legal action. CASA may also take enforcement action against non-compliant entities, including issuing fines or other penalties, to ensure compliance with the ADs and the ongoing airworthiness of aircraft.