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 500, 501, 550, S550, 551 and 560 aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 550/26 and AD/CESSNA 560/8, which will become effective on 20 April 2006.
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, enacted by the Commonwealth Parliament, establishes the legal framework for ensuring the safety and efficiency of civil aviation in Australia. One of the critical functions of this Act is to empower the Governor-General to create regulations that support air navigation safety, as stipulated in section 98. Complementing this legislative mandate, the Civil Aviation Safety Regulations 1998, also formulated under the authority of the Civil Aviation Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs are pivotal in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs issued by CASA are integral to fulfilling Australia’s commitments under the Convention on International Civil Aviation and ensuring that Australian-registered aircraft meet the necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, under section 98 of the Civil Aviation Act 1988, to ensure the safety of air navigation. These ADs, which are legislative instruments, mandate continuing airworthiness requirements for aircraft registered in Australia. In the case of the Cessna 500, 501, 550, S550, 551 and 560 aircraft, CASA has issued Australian ADs in response to the United States Federal Aviation Administration’s AD 2006-06-03. These Australian ADs are issued under Australia's obligations under the Convention on International Civil Aviation and will become effective on 20 April 2006. As these ADs are issued in response to international obligations and do not require public consultation or a Regulatory Impact Statement, they were made by the Manager, New Technologies and Systems, in CASA's Manufacturing, Certification and New Technologies Office.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under these provisions, CASA can issue ADs for specific types of aircraft or aeronautical products. Such ADs serve as legal instruments for ensuring the ongoing airworthiness of aircraft (Civil Aviation Safety Regulations 1998, subregulation 39.001(5)). This is critical for maintaining safety standards in line with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design.
The obligations imposed by these regulations on the parties and entities they govern are significant. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry, which in Australia is CASA, must evaluate this information and issue corresponding ADs if required. This ensures that all aircraft registered in Australia meet the necessary safety standards. CASA's role includes assessing ADs issued by other States of Design and, if necessary, issuing corresponding Australian ADs to enforce the same safety requirements domestically.
Failure to comply with ADs can lead to serious consequences. Although the specifics of penalties are not detailed in the provided text, it is known that non-compliance with such directives can result in both civil and criminal penalties. These could include fines or, in more severe cases, imprisonment. The severity of the penalties reflects the importance of adhering to ADs in maintaining the safety and airworthiness of aircraft.
Overall, the provisions in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, along with the associated international obligations, establish a robust framework for ensuring that aircraft meet high safety standards. CASA's role in issuing and enforcing ADs is central to this framework, ensuring that both domestic and international safety requirements are met.