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 United States FAA has issued AD 2009-15-01 affecting Hawker Beechcraft G36 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 36/53, which will become effective on 27 July 2009.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. This legislation empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which establish the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments that mandate requirements for ensuring the continuing airworthiness of aircraft, reflecting Australia's commitment to international standards as set out in the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the responsibility to issue Australian ADs in response to ADs issued by the State of Design, ensuring compliance with international obligations and the safety of air navigation within Australia.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended by this legislative instrument, provide for the issue of airworthiness directives (ADs) for kinds of aircraft or aeronautical products, as outlined under section 98 of the Civil Aviation Act 1988. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. The scope of these ADs extends to aircraft registered in Australia, ensuring that the continuing airworthiness of these aircraft is maintained in compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are particularly significant as they stem from Australia's obligations under the Convention on International Civil Aviation and are issued in response to directives by the State of Design. In this specific case, CASA has issued Australian AD/BEECH 36/53 in response to the United States Federal Aviation Administration's AD 2009-15-01 for the Hawker Beechcraft G36 model aircraft, effective from 27 July 2009. This regulatory action is an integral part of Australia's commitment to international safety standards and the safe operation of aircraft within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are crucial for ensuring the ongoing airworthiness of aircraft and are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations under this legislation require CASA to carefully assess any airworthiness directives issued by the State of Design, which is the country where the aircraft was designed. For instance, in the case of the Hawker Beechcraft G36 model aircraft, since the United States is the State of Design, CASA must evaluate the corresponding AD issued by the Federal Aviation Administration (FAA). If deemed necessary, CASA is then mandated to issue an Australian AD that aligns with the requirements set by the US FAA. This ensures that aircraft registered in Australia comply with international standards of airworthiness.
Failure to comply with the requirements set forth in an AD can result in severe consequences. Such non-compliance could lead to enforcement actions under the Civil Aviation Act 1988. The potential penalties for breaches can include fines and, in severe cases, criminal charges. The exact penalties depend on the nature and severity of the breach, but they are intended to enforce strict adherence to safety regulations.
Moreover, the issuing of ADs does not require consultation with the Australian public or the preparation of a Regulatory Impact Statement. This is because these directives are issued in response to international obligations and are not subject to the same public consultation processes as other regulatory instruments. This ensures that the necessary safety measures are implemented without unnecessary delays.