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.
Transport Canada has issued AD CF-2004-27 affecting Bell 206 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 206/157, which will become effective on 26 January 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 - Airframes, 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 provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation grants the Governor-General the authority to make regulations under section 98 for the purposes of the Act, specifically to safeguard air navigation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products through regulation 39.001 of the Civil Aviation Safety Regulations 1998. In line with Annex 8 of the Convention on International Civil Aviation, CASA, as Australia’s national airworthiness authority, is responsible for issuing ADs in response to directives issued by the State of Design, ensuring compliance with international standards for the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Regulations 1998, under the authority of the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) which are legislative instruments designed to ensure the safety of air navigation. These directives are issued by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues ADs that CASA must assess and, if appropriate, adopt as Australian ADs. This process ensures that Australian-registered aircraft meet the necessary safety standards set by ICAO Contracting States. The ADs are issued under the authority of the Governor-General and are subject to disallowance by Parliament. Notably, ADs do not require public consultation or a Regulatory Impact Statement, reflecting their urgent nature and the reliance on international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 together provide the framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Regulations 1998 further clarifies that ADs are legislative instruments, as defined under section 6 of the Legislative Instruments Act 2003.
These ADs serve as a critical tool for ensuring the continuing airworthiness of aircraft, a responsibility that falls on the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to ensure the aircraft type’s continuing airworthiness, and ADs are a common form of this information. Additionally, the State of Registry, in this case CASA, has a duty to assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate compliance with the safety requirements.
An example of this process is illustrated by AD CF-2004-27, issued by Transport Canada affecting Bell 206 model aircraft. As Canada is the State of Design, CASA assessed this directive and issued Australian AD/BELL 2004-27/157, effective from 26 January 2005. Given that this AD is a response to an international obligation and follows a directive from the relevant State of Design, no public consultation was required. Additionally, the Office of Regulatory Review determined that ADs do not necessitate a Regulatory Impact Statement.
Compliance with these ADs is mandatory for all parties governed by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998. Failure to comply with an AD can result in serious consequences. Under section 84A(2) of the Act, CASA is empowered to enforce these directives, and non-compliance can lead to significant penalties. The specific penalties for breaching an AD may include fines or imprisonment, depending on the severity of the breach. The maximum penalties can be substantial, reflecting the critical importance of adhering to airworthiness requirements to ensure safety in aviation.