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 United States FAA has issued AD 2005-13-10 affecting Cessna 206 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 206/61, which will become effective on 1 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 ensure the safety and efficiency of civil aviation in Australia. The Act provides the legal framework for the regulation of civil aviation and air navigation in the country. It was introduced to address the need for a comprehensive legal structure that governs the operation, safety, and oversight of civil aviation activities within Australia. The Civil Aviation Safety Regulations 1998 complement the Act by detailing specific regulations for ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative instrument facilitates the alignment of Australian aviation safety standards with international obligations under the Convention on International Civil Aviation.
The issuance of ADs, such as AD/CESSNA 206/61 for Cessna 206 model aircraft, underscores Australia's commitment to international civil aviation standards and its adherence to the responsibilities of the State of Registry and State of Design. These directives are issued in response to safety concerns identified by the relevant State of Design and are mandated by CASA to ensure the continuing airworthiness of aircraft registered in Australia. The legislative process for issuing such ADs involves assessment by CASA and the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, without the requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This streamlined approach ensures timely and effective safety measures in the Australian civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised to ensure the continuing airworthiness of aircraft within Australia, aligning with international standards set forth by the Convention on International Civil Aviation, particularly Annex 8. The State of Design, which in this case is the United States for the Cessna 206 model aircraft, holds primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, is then obligated to assess this information and, if appropriate, issue an Australian AD to enforce the requirements outlined by the State of Design. This legislative framework ensures that aircraft registered in Australia comply with internationally recognised safety standards. Notably, the issuance of such ADs does not necessitate public consultation or a Regulatory Impact Statement, as they are a direct response to international obligations and the assessments of the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. Section 39.001(5) of these regulations designates ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments in accordance with the Legislative Instruments Act 2003.
The obligations imposed by these provisions require the State of Design to maintain responsibility for the continuing airworthiness of an aircraft type, providing necessary information to States of Registry. In turn, the State of Registry, such as Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any international ADs relevant to aircraft on the Australian register and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
Failure to comply with an AD can lead to serious consequences. Under section 97 of the Civil Aviation Act 1988, any person who contravenes an AD may be subject to enforcement actions. The Act also allows for the imposition of fines and imprisonment for non-compliance. Specifically, section 286 of the Act outlines penalties for operating an aircraft that does not comply with ADs, with maximum penalties including substantial fines and imprisonment terms depending on the severity of the offence.
In summary, the Act and its associated regulations impose a clear framework for ensuring the safety of aircraft through the issuance and enforcement of airworthiness directives. These directives are integral to maintaining the continuing airworthiness of aircraft and are issued in response to international obligations and assessments by CASA. Non-compliance with these directives can result in significant penalties, reinforcing the importance of adhering to the regulations.