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 2008-26-10 affecting Cessna 206 type aeroplanes. The United States is the State of Design for this aeroplane type. CASA has assessed this AD and has issued Australian AD/CESSNA 206/66, which will become effective on 16 January 2009.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to regulate the safety of air navigation within Australia, in line with international standards. This Act provides the legislative foundation for the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998, established under the authority of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue such directives. These ADs are integral to maintaining air safety and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in accordance with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for continuing airworthiness on the State of Design, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. This Act applies to all aircraft registered in Australia and to the entities responsible for the continuing airworthiness of these aircraft, including aircraft manufacturers, operators, and maintenance providers. The scope of the Act extends to mandating compliance with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which outlines the responsibility of the State of Design for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must issue corresponding ADs when the State of Design issues new directives affecting aircraft registered in Australia. The application of these ADs is national, with CASA’s authority extending across all states and territories. The Act does not require public consultation or a Regulatory Impact Statement for such ADs, as they are issued in direct response to international obligations and directives. The issuance of an AD is a legislative instrument under the Legislative Instruments Act 2003, and any such directive is subject to disallowance under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to create regulations for air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are significant in maintaining the safety and airworthiness of aircraft, as outlined under subregulation 39.001(5) which states that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on the State of Design and the State of Registry. The State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. Meanwhile, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. In Australia, CASA, as the national airworthiness authority, assesses the information provided by the State of Design and, if necessary, issues an Australian AD to enforce the requirements.
Non-compliance with ADs can lead to significant consequences. Failure to adhere to the requirements set forth in an AD can result in the aircraft being deemed unairworthy. This can lead to the grounding of the aircraft until the required actions are taken, which can disrupt operations and potentially result in financial losses for operators. Additionally, under section 31 of the Civil Aviation Act 1988, CASA can impose civil penalties for non-compliance with ADs. The maximum penalty for non-compliance can be substantial, reaching up to $10,000 for individuals and $50,000 for corporations, depending on the severity and frequency of the offence. Furthermore, in severe cases, criminal penalties may apply, leading to imprisonment for up to two years for individuals and higher fines for corporations.