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 2007-10-15 affecting Cessna model 208 and 208B aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 208/21, which will become effective on 5 July 2007.
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 provide for the regulation of civil aviation, with a primary focus on safety. This legislation was introduced to address the need for a comprehensive legal framework governing civil aviation in Australia, ensuring that air navigation safety is maintained and that the aviation industry adheres to national and international standards. The Act empowers the Governor-General to create regulations that support the Act's objectives, and one such regulation is found in the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs are critical in maintaining the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is tasked with assessing and issuing these directives to ensure compliance with international standards and to fulfil Australia’s commitments under the Convention.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, with the aim of ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products under regulation 39.001. Notably, these ADs are considered disallowable instruments and, as such, are legislative instruments as per the Legislative Instruments Act 2003. This legislative framework applies to the State of Registry of an individual aircraft, which holds responsibility for the aircraft's continuing airworthiness. When a State of Design, such as the United States in the case of Cessna model 208 and 208B aircraft, issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design. This process is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation. The ADs are made pursuant to the authority granted under section 98 of the Civil Aviation Act 1988 and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the safety of air navigation, and the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). The State of Design is mandated under Annex 8 of the Convention on International Civil Aviation to ensure the continuing airworthiness of aircraft types, providing necessary information to the States of Registry. The State of Registry, such as Australia in this case, is responsible for ensuring the airworthiness of individual aircraft and must develop or adopt requirements to this effect.
Under the Civil Aviation Safety Regulations 1998 (subregulation 39.001(5)), when a State of Design issues an AD, CASA must assess this information. If deemed appropriate, CASA issues an Australian AD to mandate the requirements of the original AD. This is exemplified by the FAA's AD 2007-10-15, issued for Cessna model 208 and 208B aircraft, which CASA has assessed and subsequently issued as Australian AD/CESSNA 208/21, effective from 5 July 2007. Given the AD's basis in international obligations and the corresponding AD by the relevant State of Design, no public consultation was required. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement.
The issuing of the AD was conducted by the Manager, New Technologies and Systems, in CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act. This process underscores the regulatory framework’s commitment to maintaining airworthiness standards in alignment with international conventions. Any breach of these regulations could lead to severe consequences, including civil penalties for non-compliance with ADs, which might compromise the safety and airworthiness of the aircraft. These penalties can be substantial, reflecting the critical nature of adhering to airworthiness directives.