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 FAA has issued AD 2008-05-09 affecting Cessna 206 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 206/64, which will become effective on 8 May 2008.
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, New Technologies and Systems, 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 Commonwealth Parliament, governs civil aviation safety in Australia, establishing the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 provide the mechanisms by which the Civil Aviation Safety Authority (CASA) can issue these directives for particular types of aircraft and aeronautical products. This regulatory structure was introduced to address the need for a consistent and authoritative method of ensuring that aircraft meet safety standards, both domestically and in line with international obligations under the Convention on International Civil Aviation. The objective is to maintain and enhance the safety of air navigation by ensuring that aircraft remain airworthy through the timely issuance of directives that mandate necessary safety measures.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legally binding and constitute disallowable instruments under the Acts Interpretation Act 1901, meaning they are subject to parliamentary disallowance. The State of Design, typically the country where the aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, while the State of Registry, which in Australia is CASA, ensures that individual aircraft meet these standards. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, CASA must issue corresponding Australian ADs when required by the State of Design. This process does not typically involve public consultation or a Regulatory Impact Statement, as it is driven by international safety standards and obligations. The ADs are issued by CASA on behalf of the Minister for Infrastructure and Transport, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (the "Act") and the Civil Aviation Safety Regulations 1998 (the "Regulations") together provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations for the purposes of the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as per subregulation 39.001(5) of the Regulations and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are primarily on CASA and the State of Registry. CASA, as Australia's national airworthiness authority, is required to assess any AD issued by the State of Design (the country where the aircraft was designed) and, if appropriate, issue an Australian AD. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. This process ensures that Australian-registered aircraft meet international standards for safety, as outlined in Annex 8 to the Convention on International Civil Aviation.
In terms of enforcement and compliance, the Act and Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, the issuance of ADs is a critical mechanism for maintaining airworthiness, and failure to comply with these directives could potentially lead to severe consequences, including aircraft grounding or grounding of specific aircraft models until compliance is achieved. The focus of the legislation is on ensuring that ADs are issued and followed to maintain the highest safety standards in aviation.
The process of issuing ADs, as outlined in the Act and Regulations, is designed to be efficient and responsive to international safety standards. Given the critical nature of aviation safety, ADs are issued without public consultation as they are based on international obligations and assessments by airworthiness authorities. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process further. This approach ensures that safety directives are issued promptly and without unnecessary bureaucratic delays.