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 2007-19-05 affecting Hawker Beechcraft 400 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 400/28, which will become effective on 22 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. Under section 98 of the Act, the Governor-General has the authority to make regulations to support the Act's objectives, including the safety of air navigation. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance. The issuance of ADs is a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for an aircraft type's airworthiness. CASA, as the national airworthiness authority, assesses and, if necessary, issues Australian ADs to comply with international obligations and ensure safety. The recent AD/BEECH 400/28 issued by CASA on behalf of the Civil Aviation Safety Authority follows this process, addressing a specific safety concern identified by the United States Federal Aviation Administration (FAA) for the Hawker Beechcraft 400 model aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998 apply to all aircraft registered in Australia and to aeronautical products used on such aircraft, with the purpose of ensuring their continuing airworthiness. Under the authority conferred by section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Notably, the State of Design retains overarching responsibility for the continuing airworthiness of aircraft types, and must furnish necessary information to States of Registry. In response to an AD issued by the State of Design, CASA must evaluate the information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements. This process is integral to Australia's obligations under the Convention on International Civil Aviation, and as such, no public consultation is required for these directives. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, as referenced in the explanatory statement, particularly regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under the Legislative Instruments Act 2003. The purpose of these ADs is to ensure the safety of air navigation, aligning with the overarching responsibility of the State of Design for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations primarily fall on CASA as Australia's national airworthiness authority. CASA must assess the airworthiness information provided by the State of Design, such as the US Federal Aviation Administration (FAA) in the case of AD 2007-19-05 for the Hawker Beechcraft 400 model aircraft. Once CASA determines the relevance and necessity of the information, it must issue an Australian AD to enforce the requirements outlined by the State of Design. This process is crucial for maintaining the safety standards of aircraft registered in Australia, ensuring they meet the necessary airworthiness criteria.
In terms of compliance and consequences, the regulations do not explicitly outline specific offences or penalties for non-compliance with ADs. However, the overarching Civil Aviation Act 1988 and associated regulations may provide for enforcement actions against those who fail to comply with airworthiness directives. Non-compliance could potentially lead to enforcement actions, including fines or other regulatory penalties. The safety and operational integrity of the aircraft could also be compromised, leading to potential safety risks and liabilities for the aircraft operators or owners.
Given the international obligations under the Convention on International Civil Aviation, the ADs issued by CASA are often in response to directives from the State of Design and do not require consultation with the Australian public. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for issuing these important safety directives. The AD is formally made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in compliance with the provisions of the Civil Aviation Act 1988.