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 European Aviation Safety Authority (EASA) has issued AD 2007-0285 affecting Apex Aircraft CAP 10B model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CAP 10/5 Amdt 1, which will become effective on 20 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, enacted by the Australian Parliament, was introduced to ensure the safety and efficiency of civil aviation within Australia. The Act provides the legislative framework for the regulation of civil aviation, including the issuance of airworthiness directives to address safety concerns. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows 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 issuance of these directives is integral to maintaining the continuing airworthiness of aircraft in accordance with international standards, particularly as mandated by Annex 8 to the Convention on International Civil Aviation. This legislative process ensures that CASA, as the national airworthiness authority, can mandate requirements based on assessments of directives issued by the relevant State of Design. In the specific case of the AD/CAP 10/5 Amdt 1 issued by CASA on 20 November 2007, the directive was issued in response to an AD from the European Aviation Safety Authority (EASA) concerning Apex Aircraft CAP 10B model aircraft, reflecting Australia’s obligations under international civil aviation conventions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a framework for ensuring the safety of air navigation within Australia, and these regulations apply to all aircraft registered in Australia, irrespective of whether they are domestic or international. Under the authority granted by section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are regulatory instruments that mandate compliance with specific safety standards for particular types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are issued in accordance with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility for continuing airworthiness on the State of Design, while the State of Registry must ensure compliance with these directives. This legislative framework does not require public consultation or a Regulatory Impact Statement, as it is based on international standards and obligations.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, contains specific provisions that allow the Governor-General to create regulations for the safety of air navigation (section 98). Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Notably, an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). These directives are integral to maintaining the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation.
Under this framework, the State of Design bears the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is tasked with implementing and enforcing these requirements for individual aircraft. Consequently, when a State of Design, such as France through the European Aviation Safety Authority (EASA), issues an AD, CASA must evaluate this directive. If deemed necessary, CASA issues an Australian AD to enforce the requirements for aircraft registered in Australia. This was exemplified by the issuance of Australian AD/CAP 10/5 Amdt 1 by CASA in response to EASA's AD 2007-0285 concerning Apex Aircraft CAP 10B model aircraft.
Compliance with these directives is mandatory for all affected parties. Operators and owners of the specified aircraft must adhere to the AD's requirements to ensure the continuing airworthiness of their aircraft. This includes conducting necessary inspections, repairs, or modifications within the specified timeframes and ensuring that all relevant personnel are informed of the AD’s contents and requirements. Failure to comply with the ADs can result in significant safety risks and potential legal consequences.
Failure to comply with an AD can result in severe penalties. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines of up to $111,000 for individuals and $555,000 for corporations. Additionally, non-compliance can result in criminal charges, where individuals may face imprisonment for up to two years and corporations may be fined up to $2.75 million. CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, refusing to issue or renew aircraft certificates of airworthiness, and pursuing legal action against offenders.