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 2006-15-16 affecting Raytheon (Beech) model 400 and 400A aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BEECH 400/27, which will become effective on 28 September 2006.
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 provide a comprehensive legislative framework governing civil aviation in Australia, addressing gaps in existing laws to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that contribute to the overarching goal of air navigation safety, as outlined in section 98. Complementing this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed safety standards and procedures, particularly concerning the issuance of airworthiness directives (ADs) under regulation 39.001. The ADs, as legislative instruments, are pivotal in maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. The Australian Civil Aviation Safety Authority (CASA) plays a crucial role in implementing these international standards within Australia, ensuring compliance with both national and international obligations without the need for public consultation due to the nature of these directives.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with the overarching goal of ensuring the safety of air navigation as stipulated in the Civil Aviation Act 1988. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD, CASA, acting 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. This legislative framework ensures that Australian-registered aircraft meet international safety standards, reflecting Australia’s commitment to global aviation safety protocols.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a framework for the issuance and management of airworthiness directives (ADs) to ensure the safety of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, which includes the creation of ADs by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 39.001(5) of these regulations designates ADs as disallowable instruments, meaning they can be subject to parliamentary scrutiny and potential disallowance. This legislative standing underscores the importance and authority of ADs in maintaining air safety.
Entities governed by the Act, such as CASA and aircraft operators, have specific obligations related to ADs. CASA, as Australia’s national airworthiness authority, must assess and respond to ADs issued by the State of Design for aircraft types registered in Australia. This involves evaluating the necessity and appropriateness of issuing an Australian AD to mandate the requirements of the original AD. Aircraft operators are required to comply with these ADs, ensuring that the aircraft meet all specified maintenance and operational standards. Non-compliance with ADs can lead to serious safety risks and potential legal consequences.
Failure to comply with ADs can result in significant penalties and legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may lead to enforcement actions, including fines and potential grounding of the aircraft. The severity of penalties can vary depending on the nature and extent of the non-compliance. For instance, a serious breach that results in a significant safety risk could lead to more stringent penalties, reflecting the gravity of the infraction. Such measures are critical in ensuring that all parties adhere to safety standards and maintain the integrity of the aviation system.
CASA has issued Australian AD/BEECH 400/27 in response to the United States Federal Aviation Administration's (FAA) AD 2006-15-16 for Raytheon (Beech) model 400 and 400A aircraft. Given that Australia is bound by the Convention on International Civil Aviation, which mandates adherence to ADs issued by the State of Design, this action is necessary to maintain compliance with international standards. The AD became effective on 28 September 2006 and, as determined by the Office of Regulatory Review, did not require public consultation or a Regulatory Impact Statement. This directive was 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, highlighting the procedural rigour in place for issuing such directives.