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 DGAC has issued AD UF-2005-156 affecting Apex CAP 232 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CAP 232/12, which will become effective on 2 September 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 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 provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of civil aviation in the country. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 were established, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The objective of these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 mandate that ADs, such as the one issued for the Apex CAP 232 model aircraft, are legislative instruments and must be assessed and implemented by CASA to fulfil Australia's international obligations and maintain the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003, and they pertain to entities such as aircraft manufacturers, operators, and other stakeholders within the aviation industry. The ADs serve to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design and the State of Registry play pivotal roles. For instance, CASA, as Australia's national airworthiness authority, issues Australian ADs in response to ADs from the State of Design, as demonstrated by AD/CAP 232/12 issued in response to AD UF-2005-156. This legislative framework extends its jurisdictional reach nationally, ensuring compliance with international aviation safety standards and practices. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and are issued in accordance with the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for air navigation safety (section 98), and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (regulation 39.001). These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations include the State of Design's responsibility for ensuring the continuing airworthiness of aircraft types, which involves providing necessary information to States of Registry (Annex 8 to the Convention on International Civil Aviation). The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements. For example, the DGAC issued AD UF-2005-156 for the Apex CAP 232 model aircraft, with France as the State of Design. CASA issued Australian AD/CAP 232/12, which became effective on 2 September 2005. Given that the AD is a response to international obligations and a State of Design AD, no public consultation has taken place.
The Act and the Regulations also outline the potential consequences for non-compliance with ADs. While specific offences and penalties are not detailed in the provided text, it is generally understood that failing to comply with airworthiness directives can result in significant civil and criminal penalties. Such penalties can include fines and imprisonment, reflecting the critical importance of maintaining aircraft safety standards. The precise maximum penalties would be determined based on the specific circumstances and applicable laws at the time of any prosecution.