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 2007-24-01 affecting Raytheon Hawker Beechcraft 400A model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 400/29, which will become effective on 14 February 2008.
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, Systems and New Technologies 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 regulate civil aviation in Australia and ensure the safety of air navigation. The Act provides the authority for the Governor-General to create regulations, including airworthiness directives, for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives for specific aircraft types or aeronautical products. These directives serve as a crucial means of ensuring the continuing airworthiness of aircraft, aligning with the obligations under the Convention on International Civil Aviation. CASA is responsible for assessing airworthiness directives issued by the State of Design and, if necessary, issuing corresponding Australian directives to enforce the required safety measures. The issuing of AD/BEECH 400/29 by CASA, in response to the United States Federal Aviation Administration's AD 2007-24-01, exemplifies this process. The AD was issued without public consultation due to its alignment with international obligations and was determined not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, pertains to the issuance of airworthiness directives (ADs) which are integral for maintaining the safety and airworthiness of aircraft operating within Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. This legislation applies to all entities involved in the design, registration, and operation of aircraft in Australia, with CASA acting as the national airworthiness authority. The geographic scope of the Act is national, covering all aircraft registered in Australia, irrespective of their origin or the location of their State of Design. Although ADs are legislative instruments, they are not subject to disallowance or the requirement for a Regulatory Impact Statement. Instead, they are issued pursuant to Australia's international obligations under the Convention on International Civil Aviation, particularly when corresponding ADs are issued by the State of Design. This process ensures that Australian aviation standards align with international practices, thus maintaining the safety and interoperability of the global aviation system.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring 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 specific types of aircraft or aeronautical products. These ADs are formal mandates that must be complied with to maintain the airworthiness of aircraft. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they fall under the definition of legislative instruments as outlined in section 6 of the Legislative Instruments Act 2003. This means that ADs carry the same legal weight as other legislative instruments and must be treated with the same level of formality and adherence.
The obligations imposed by the Act on the parties involved, particularly CASA and the State of Registry, are substantial. The State of Design, in this case, the United States for the Raytheon Hawker Beechcraft 400A model aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to ensure the safety and airworthiness of the aircraft. The State of Registry, in this context, Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, as Australia’s national airworthiness authority, is mandated to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the requirements. This ensures that all aircraft operating in Australia meet the necessary safety standards.
Failure to comply with the provisions of an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can be considered an offence. The specific penalties for breaching an AD can include substantial fines and, in severe cases, imprisonment. For example, section 78 of the Act provides that a person who contravenes an AD can be fined up to a certain monetary amount and/or imprisoned for a specified period. Additionally, the Act allows CASA to take enforcement actions, such as grounding non-compliant aircraft, which can have significant operational and financial repercussions for the aircraft owner or operator. These stringent measures underscore the importance of adhering to ADs to maintain the high safety standards required in civil aviation.