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 2006-06-03 affecting Cessna model 500 and 501 aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 500/29, which will become effective on 15 June 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 Acting 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, enacted by the Australian Parliament, is designed to regulate civil aviation activities within Australia and ensure the safety and efficiency of air navigation. The Act provides the legal framework for the issuance of airworthiness directives (ADs), which are crucial for maintaining the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, under the authority of the Act, specifically allow the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft and aeronautical products. This legislative arrangement is aligned with international obligations under the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, assesses these directives and may issue corresponding Australian ADs to ensure compliance with international safety standards. The ADs are legislative instruments that do not require public consultation or a Regulatory Impact Statement, and they are issued by CASA to fulfil Australia's international commitments and to mandate necessary safety measures for aircraft on the Australian Register.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, as authorised under section 98 of the Act. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, thereby ensuring compliance with airworthiness standards. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to fulfilling Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design issues an AD, CASA, acting as Australia’s national airworthiness authority, must assess and, if necessary, issue a corresponding Australian AD. This ensures that Australian registered aircraft meet international safety standards. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) aimed at maintaining the safety of air navigation. According to section 98 of the Act, the Governor-General has the authority to create regulations for the Act, ensuring the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design bears the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure the aircraft's ongoing airworthiness. ADs are the primary means of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, developing or adopting requirements to meet this responsibility. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In this case, the United States Federal Aviation Administration (FAA) has issued AD 2006-06-03 affecting Cessna model 500 and 501 aircraft, which are types designed by the United States. CASA has assessed this AD and has issued Australian AD/CESSNA 500/29, effective from 15 June 2007. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design, no consultation of the Australian public has occurred regarding this AD. The Office of Regulatory Review has also determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Acting 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.
The Act and Regulations impose obligations on CASA to assess and, if necessary, issue Australian ADs to ensure the continuing airworthiness of aircraft types on the Australian Register. Failure to comply with these ADs may result in various consequences, including potential civil or criminal penalties for non-compliance with aviation safety regulations. The specific penalties for non-compliance with ADs are not detailed in the provided text but would generally fall under the enforcement powers of CASA and the Civil Aviation Act 1988. It is crucial for aircraft operators and owners to adhere to these directives to maintain the safety standards required by Australian aviation law.