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 2006-0211R1-E affecting CAP 232 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 232/12, Amendment 1, which will become effective on 15 March 2007. This AD cancels and replaces the previous issue.
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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its key provisions is section 98, which empowers the Governor-General to make regulations in the interest of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), with these directives being classified as legislative instruments under the Legislative Instruments Act 2003. The enactment of this legislation and subsequent regulations was driven by the need to align Australia's civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO) under Annex 8 of the Convention on International Civil Aviation. The objective is to ensure the continuing airworthiness of aircraft, with CASA playing a critical role in issuing ADs in response to directives from States of Design or other international authorities.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for issuing airworthiness directives (ADs) which are essential for ensuring the ongoing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that pertain to the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these regulations extends to any aircraft registered in Australia, as well as any aeronautical products used in Australian aviation. This encompasses both commercial and private aircraft, and applies across the entire Commonwealth. The ADs are designed to harmonise with international standards as set out in Annex 8 to the Convention on International Civil Aviation, particularly in terms of the responsibilities of the State of Design and the State of Registry. No public consultation is required for these ADs due to their basis in international obligations, and they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for issuing airworthiness directives (ADs) as outlined in section 98 and regulation 39.001 respectively. These provisions allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, as such, it is considered a legislative instrument under the Legislative Instruments Act 2003.
These ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft was designed, has the primary responsibility for ensuring the continuing airworthiness of a specific aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this case, CASA, must then assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with international safety standards.
The obligations imposed by these regulations on CASA include the assessment of ADs issued by the State of Design and the subsequent issuance of Australian ADs where necessary. CASA must ensure that these directives are implemented and followed by all relevant parties to maintain the safety and airworthiness of aircraft registered in Australia. The process of issuing an AD, such as AD/CAP 232/12, Amendment 1, in response to an AD from a contracting state like EASA, is mandated by Australia's international obligations and ensures that all aircraft meet the required safety standards.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties can vary but are designed to enforce strict adherence to airworthiness standards to protect public safety. CASA has the authority to take enforcement actions against entities or individuals who fail to comply with these directives, ensuring that all aircraft remain airworthy and safe for operation.