CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 Federal Aviation Administration (FAA) has issued AD 96-09-13 affecting Beech 99 series aircraft. USA is the State of Design for Beech 99 series aircraft. CASA has assessed this AD and has issued Australian AD/BEECH 99/8, which will become effective on 14 April 2005.
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 Section Head – Systems, Airworthiness Standards Branch, Standards Division, 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, providing a framework for the safety and efficiency of air navigation within the country. It empowers the Governor-General to make regulations, including airworthiness directives, for the safety of air navigation. Complementing this, the Civil Aviation Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The objective of these regulations is to ensure that aircraft maintain their airworthiness in accordance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. The recent issue of an Australian airworthiness directive for Beech 99 series aircraft, in response to a directive from the USA Federal Aviation Administration, exemplifies this regulatory approach and underscores Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia and includes provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs for specified types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The application of these ADs is geographically focused on Australia and extends to any aircraft or aeronautical products registered in Australia, thus aligning with Australia’s obligations under the Convention on International Civil Aviation. This includes ensuring that aircraft types designed in other countries but registered in Australia comply with airworthiness standards set forth by the State of Design and adopted by CASA. The ADs issued by CASA are a direct response to ADs from the State of Design and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations that support the Act and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003.
CASA's obligations under these provisions include assessing airworthiness directives issued by other countries, such as the United States, and determining if they apply to aircraft registered in Australia. When a State of Design, such as the United States, issues an AD for a type of aircraft, CASA must evaluate this information. If necessary, CASA may issue an Australian AD to enforce the requirements of the State of Design. This is seen in the case of AD 96-09-13 from the USA Federal Aviation Administration (FAA) affecting Beech 99 series aircraft, which CASA has assessed and implemented as Australian AD/BEECH 99/8, effective from 14 April 2005.
In terms of compliance and enforcement, breaches of airworthiness directives issued under the Civil Aviation Act and Regulations can lead to significant legal consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties may involve imprisonment, reflecting the seriousness of ensuring airworthiness and safety in aviation. The exact penalties can vary depending on the severity of the breach and are subject to the relevant provisions of the Act and other applicable laws.