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 USA FAA has issued AD 2005-08-03 Amendment 39-14055 affecting Cessna 680 model aircraft. The USA is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/CESSNA 680/2 which will become effective on 28 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, addresses the regulation and safety of civil aviation in Australia. To ensure that the safety of air navigation is maintained and to facilitate the implementation of international safety standards, the Act empowers the Governor-General to create regulations under section 98, which subsequently led to the establishment of the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as outlined in regulation 39.001. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, reinforcing their regulatory significance. The objective of these measures is to align with international obligations under the Convention on International Civil Aviation, ensuring that Australia's approach to airworthiness is consistent with global standards. CASA’s issuance of ADs, such as AD/CESSNA 680/2 in response to a USA FAA directive, underscores Australia's commitment to maintaining the continuing airworthiness of aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products and are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and regulation through the Legislative Instruments Act 2003. The scope of ADs extends to aircraft registered in Australia, requiring the State of Registry to ensure the continuing airworthiness of these aircraft in alignment with the requirements of the aircraft's State of Design. CASA, as Australia's national airworthiness authority, evaluates international ADs and may issue corresponding Australian ADs to enforce necessary safety measures. For instance, in response to the USA Federal Aviation Administration's AD 2005-08-03 Amendment 39-14055 for Cessna 680 models, CASA issued Australian AD/CESSNA 680/2. This process is conducted without public consultation and does not require a Regulatory Impact Statement, as it is mandated by Australia's international obligations under the Convention on International Civil Aviation.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft in Australian airspace. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 grants CASA the authority to issue ADs for specific types of aircraft or aeronautical products. This authority is further clarified by subregulation 39.001(5), which states that ADs are legislative instruments and, as such, are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The legislative nature of ADs is reinforced by their classification as disallowable instruments under the Legislative Instruments Act 2003.
The obligations imposed on parties and entities by these provisions are significant. The State of Design, in this case, the United States Federal Aviation Administration (FAA), bears the primary responsibility for the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this instance is Australia through CASA, must ensure the continuing airworthiness of individual aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA is required to assess the directive and, if deemed necessary, issue an Australian AD to mandate the same requirements. This obligation ensures that aircraft registered in Australia comply with international safety standards.
Failure to comply with ADs can result in serious consequences. The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, non-compliance with ADs could potentially be treated under the broader provisions of the Civil Aviation Act 1988, which include significant penalties for breaches. These could encompass fines, imprisonment, or both, depending on the severity and impact of the non-compliance. The exact penalties are not detailed in the text, but they are substantial enough to enforce adherence to airworthiness directives, thereby maintaining the safety and integrity of Australia’s aviation operations.