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, the Civil Aviation Safety Authority (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 USA FAA issued AD 2000-15-51 affecting CESSNA 560XL model aircraft. The USA is the State of design for this aircraft model. CASA has assessed this AD and has issued Australian AD/CESSNA 560/11 which will become effective on
11 January 2010.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act, specifically under section 98, and it underscores the paramount importance of air navigation safety. In this context, the Civil Aviation Safety Regulations 1998 further elaborate on these provisions, specifically through regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The problem or gap addressed by these legislative instruments lies in the need to ensure the continuing airworthiness of aircraft on the Australian Register, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The issuing of ADs is a critical measure to maintain safety standards, particularly when a State of Design issues an AD that CASA must assess and, if necessary, mandate through an Australian AD. This process ensures compliance with international obligations and maintains the high safety standards expected in civil aviation.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia, applying to all entities and persons involved in the aviation industry, particularly those operating aircraft that are registered in Australia. The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring that the safety standards for air navigation are met. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003 and are issued in response to obligations under the Convention on International Civil Aviation, particularly through the State of Design’s responsibility for the continuing airworthiness of an aircraft type. The ADs, such as the Australian AD/CESSNA 560/11 issued by CASA following the USA FAA’s AD 2000-15-51, mandate compliance with safety requirements for specific aircraft models and become effective on designated dates. Given that these directives are issued to fulfil international obligations and in response to foreign ADs, they are exempt from public consultation and do not require a Regulatory Impact Statement. The ADs are issued by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, pursuant to the authority granted by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, as per section 6 of the Legislative Instruments Act 2003, an AD is recognised as a legislative instrument.
These airworthiness directives play a crucial role in ensuring the continuing airworthiness of aircraft types as stipulated under Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must supply any necessary information to the relevant States of Registry to maintain this airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. Consequently, when a State of Design issues an AD against an aircraft type registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
In the case of the CESSNA 560XL model aircraft, the United States Federal Aviation Administration (FAA) issued AD 2000-15-51. Since the USA is the State of Design for this aircraft model, CASA assessed this AD and issued Australian AD/CESSNA 560/11, which will take effect on 11 January 2010. Given that this AD is issued under Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required for this AD. Moreover, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act. It is important to note that the AD is a legally binding directive, and compliance is mandatory for all affected aircraft operators. Failure to adhere to the requirements set forth in an AD may result in significant civil and criminal consequences, including potential fines and imprisonment. The specifics of these penalties are determined by the relevant state or territory law, but generally, non-compliance with ADs is treated seriously due to the critical nature of maintaining airworthiness standards.