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 75-09-05 affecting Cessna model 337 aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 337/30, which will become effective on 5 June 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 Best Practice Regulation 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The Act empowers the Governor-General to make regulations for the purposes of ensuring safety, with the Civil Aviation Safety Regulations 1998 establishing the framework for issuing airworthiness directives (ADs). These ADs serve as legislative instruments that mandate safety requirements for aircraft types and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). When the State of Design issues an AD for a type of aircraft registered in Australia, the Civil Aviation Safety Authority (CASA) is required to assess and, if necessary, issue an Australian AD to enforce the requirements. The Civil Aviation Safety Regulations 1998 also specify that ADs are disallowable instruments under the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. This process ensures that Australia adheres to international obligations while maintaining the safety of its airspace.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority stems from regulation 39.001, which is underpinned by section 98 of the Civil Aviation Act 1988, ensuring that the safety of air navigation is prioritised. These directives are legislative instruments as defined under section 46A of the Acts Interpretation Act 1901, and their issuance is mandated by international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United States in the case of Cessna model 337 aircraft, has the primary responsibility for the continuing airworthiness of an aircraft type, and CASA, as Australia's national airworthiness authority, must act on this information by issuing corresponding Australian ADs. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards, with no requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. 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. Importantly, subregulation 39.001(5) designates ADs as disallowable instruments under the Acts Interpretation Act 1901 and, subsequently, as legislative instruments under the Legislative Instruments Act 2003. This legal status underscores the authority and formality of ADs within the aviation regulatory framework.
The obligations imposed by these provisions primarily rest on CASA and the State of Registry of individual aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required safety measures. This ensures that aircraft registered in Australia comply with internationally recognised airworthiness standards.
Failure to comply with ADs can result in significant consequences. The Civil Aviation Act 1988 and associated regulations outline various offences and penalties for non-compliance. Specifically, section 98A of the Act provides that a person who contravenes an AD commits an offence and is liable to penalties. The maximum penalty for such offences can include fines of up to $33,000 for individuals and $165,000 for corporations, as well as potential imprisonment. These stringent measures are designed to enforce adherence to ADs and ensure the safety of air navigation.
Additionally, the issuance of ADs under this legislative framework is often executed without public consultation, especially when responding to ADs from foreign States of Design, as it is grounded in international obligations and conventions. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process while maintaining the rigorous safety standards required in the aviation industry. The ADs are issued by authorised personnel within CASA, such as the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act, ensuring that they are issued with the appropriate legal authority and oversight.