CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-09-01 affecting Cessna 750 (Citation X) model aircraft. USA is the State of Design for Cessna Aircraft types. CASA has assessed this AD and has issued Australian AD/CESSNA 750/2, original issue, which will become effective on 25 May 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act, particularly in the interest of air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments and can be disallowed under the Acts Interpretation Act 1901. The issuance of ADs is a common practice among ICAO Contracting States to ensure the continuing airworthiness of aircraft types, aligning with the obligations set out in Annex 8 to the Convention on International Civil Aviation.
The Civil Aviation Act 1988 and the subsequent regulations facilitate Australia's compliance with international standards, ensuring that the State of Design and the State of Registry both play crucial roles in maintaining the airworthiness of aircraft. In the case of the Cessna 750 (Citation X) model aircraft, CASA has issued an Australian AD in response to a directive from the United States Federal Aviation Administration (FAA), the State of Design. This AD is effective from 25 May 2005 and was issued in accordance with the legislative framework provided by the Civil Aviation Act 1988, without the need for public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Regulations 1998, under section 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that fall under the purview of the Legislative Instruments Act 2003. The issuance of such directives is a critical measure to ensure the continuing airworthiness of aircraft, in line with the requirements outlined in Annex 8 to the Convention on International Civil Aviation. This convention assigns the State of Design the responsibility for the ongoing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. In practice, this means that when a State of Design, such as the USA for Cessna aircraft, issues an AD, CASA, as Australia's national airworthiness authority, is obligated to assess and, if necessary, issue a corresponding Australian AD. For example, CASA has issued Australian AD/CESSNA 750/2 in response to an AD from the USA FAA concerning the Cessna 750 (Citation X) model aircraft. The process for issuing these directives does not require public consultation, as they are in response to international obligations and pre-existing ADs from the relevant State of Design.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, as related to the issuance of airworthiness directives (ADs), include section 98, which empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003.
These provisions outline the authority CASA has to issue ADs in response to international obligations and to ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Regulations 1998, under which these ADs are issued, necessitate that CASA assess any relevant ADs from the State of Design and, if necessary, issue corresponding ADs for Australian registered aircraft. This ensures compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for continuing airworthiness and the State of Registry responsibility for individual aircraft.
Under these regulations, CASA is required to meticulously evaluate ADs issued by other countries, particularly those from the State of Design such as the United States in the case of the Cessna 750 (Citation X) model aircraft. The AD issued by the USA Federal Aviation Administration (FAA), AD 2005-09-01, was reviewed by CASA, which subsequently issued Australian AD/CESSNA 750/2. This Australian AD, set to become effective on 25 May 2005, mandates compliance with the requirements specified by the USA FAA.
Given the nature of ADs and their alignment with international obligations, no public consultation is required, and a Regulatory Impact Statement is not necessary. The issuance of such ADs is conducted by authorised personnel within CASA, such as the Section Head - Systems, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with ADs can result in severe consequences, including potential enforcement actions by CASA. While specific penalties are not detailed in the provided text, non-compliance with ADs can lead to civil or criminal penalties, depending on the severity of the breach and the specific regulatory framework governing aviation safety. These penalties may include fines, suspension or revocation of aircraft certificates, and in some cases, criminal charges for operators who fail to adhere to mandatory safety directives.