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 issued AD 2006-24-01 affecting Cessna 750 series aircraft. The United States is the State of Design for this type. CASA has amended the equivalent Australian AD to AD/CESSNA 750/2 Amendment 1 which will become effective on 15 March 2007. This AD cancels and replaces the previous issue.
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 Australian Parliament, aims to provide for the safety of air navigation within Australia. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing the processes and requirements for ensuring aircraft and aeronautical products' continuing airworthiness. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, being legislative instruments, are designed to ensure compliance with international standards and safety practices, particularly under Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Act 1988 thus facilitates Australia's adherence to global civil aviation safety standards by enabling CASA to issue ADs that reflect international obligations and safety requirements.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide the legislative framework within which airworthiness directives (ADs) are issued in Australia, ensuring the continuing airworthiness of aircraft in the nation's airspace. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, in accordance with international standards set by the Convention on International Civil Aviation (ICAO). The ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design of an aircraft holds primary responsibility for the continuing airworthiness of the aircraft type, while the State of Registry, which in Australia is CASA, must implement these directives to maintain compliance with national and international safety standards. In instances where foreign regulatory authorities, such as the United States Federal Aviation Administration (FAA), issue ADs that affect aircraft registered in Australia, CASA is required to assess and, where necessary, issue corresponding Australian ADs to ensure adherence to international agreements and safety protocols. This process does not involve public consultation or a Regulatory Impact Statement, reflecting the nature of ADs as technical safety measures rather than broad policy instruments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia, with key provisions found in sections 98 and 39.001, respectively. Under section 98, the Governor-General has the authority to make regulations for the purposes of the Act, ensuring the safety of air navigation. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory process ensures that aircraft and products maintain their airworthiness standards as stipulated by international conventions and Australian law.
The obligations imposed by these provisions require CASA to assess information from the State of Design, which is the country responsible for the design of the aircraft, and to issue corresponding ADs as necessary. Specifically, under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to other States of Registry, including Australia. CASA, as Australia's national airworthiness authority, must then review this information and issue ADs that mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia meet international safety standards.
Breaches of these obligations can result in significant consequences. Non-compliance with ADs can lead to enforcement actions against aircraft operators, potentially resulting in fines or other penalties. While the specific penalties are not detailed in the provided text, they are likely to be severe given the critical nature of airworthiness compliance. In the event of a breach, CASA has the authority to take necessary actions to ensure compliance, which could include grounding non-compliant aircraft until the necessary actions are taken. The regulatory framework thus ensures that all parties adhere to stringent safety standards to protect air navigation.