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 2006-06-06 affecting Cessna 208 aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/CESSNA 208/20, which will become effective on 11 May 2006.
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 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 regulate civil aviation activities within Australia and to ensure the safety and efficiency of air navigation. In the context of ensuring the safety of air navigation, the Act empowers the Governor-General to make regulations that are in the interests of safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements to maintain the continuing airworthiness of aircraft, in accordance with Australia's obligations under the Convention on International Civil Aviation. This legislative framework ensures that CASA can act on ADs issued by the State of Design, such as the United States for certain aircraft types, to protect public safety and comply with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are often issued in response to international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type. When an AD is issued by the State of Design, CASA is required to assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements on aircraft registered within Australia. This legislative mechanism ensures that Australian-registered aircraft meet international safety standards and complies with Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are essential for maintaining the safety of air navigation. According to Annex 8 of the Convention on International Civil Aviation, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry. CASA, as the national airworthiness authority, is tasked with assessing this information and issuing Australian ADs if deemed appropriate.
Obligations under these provisions include the requirement for CASA to thoroughly evaluate any ADs issued by the State of Design. If CASA deems it necessary, it must issue a corresponding Australian AD to ensure compliance with the continuing airworthiness requirements for aircraft registered in Australia. This process ensures that all aircraft meet the safety standards set forth by the relevant authorities. Furthermore, CASA must ensure that all ADs are consistent with Australia's obligations under the Convention on International Civil Aviation, thus maintaining international standards.
Breaches of the requirements set out in these ADs can lead to serious consequences. Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties for non-compliance with ADs. However, failure to adhere to ADs can result in severe safety risks, which may lead to enforcement actions by CASA. Such actions can include grounding of aircraft, revocation of airworthiness certificates, and other regulatory sanctions. Additionally, operators found in violation of ADs could face legal repercussions, including fines and penalties under other aviation-related legislation.