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 US FAA has issued AD 2008-03-10 affecting Cessna 525 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 525/7, which will become effective on 10 April 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, Airframes 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 Parliament of Australia, was introduced to regulate civil aviation and ensure the safety of air navigation in the country. One of its key provisions is the authority for the Governor-General to make regulations in the interests of aviation safety, as exemplified by the Civil Aviation Safety Regulations 1998. The Act allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products, ensuring compliance with international standards set forth in the Convention on International Civil Aviation. These directives are essential for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Registry and the State of Design. The ADs, being legislative instruments, are issued in response to international safety concerns and do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and urgency.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These regulations empower CASA to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901. This framework is designed to align with international obligations, such as those under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and mandates information sharing with States of Registry. In the case of Australian-registered aircraft, CASA must assess and, if necessary, issue ADs to enforce the requirements stipulated by the State of Design. For instance, in response to the US Federal Aviation Administration's AD 2008-03-10 concerning Cessna 525 model aircraft, CASA issued Australian AD/CESSNA 525/7, effective from 10 April 2008. This process is governed by Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations for the Act, with the paramount objective of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legally binding and are considered legislative instruments under the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, when CASA issues an AD, it mandates specific requirements that must be adhered to by the relevant parties. For instance, the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must implement the requirements specified in the AD. Similarly, the State of Design has the responsibility to provide any information necessary to ensure the continuing airworthiness of a type of aircraft, and this information is typically communicated through ADs.
Failing to comply with the requirements set out in an AD can lead to serious consequences. Section 92 of the Civil Aviation Act 1988 outlines the potential penalties for non-compliance. The specific penalties can vary but generally include fines and imprisonment. For example, an individual may face a fine of up to 200 penalty units and/or imprisonment for up to two years for contravening an AD. Additionally, corporations can be fined up to 1,000 penalty units. These penalties reflect the critical importance of adhering to airworthiness directives to maintain the safety of air navigation.
The issuance of an AD is also governed by international standards. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. When a State of Design issues an AD, such as AD 2008-03-10 for Cessna 525 model aircraft by the US FAA, CASA must assess this information and, if appropriate, issue an Australian AD. In such cases, the AD is issued without public consultation because it is a response to international obligations and requirements.