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 2006-23-05 affecting CESSNA 750 (Citation X) aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 750/4, which will become effective on
21 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 in the 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. As an integral part of this legislative framework, the Civil Aviation (Airworthiness Directives) Instrument 2010 (F2010L00114) was introduced to address the need for consistent and enforceable regulations governing the continuing airworthiness of aircraft. This legislation was necessitated by the requirement for Australia to align with international standards set by the Convention on International Civil Aviation, particularly in relation to the issuance and enforcement of airworthiness directives (ADs). The Civil Aviation Safety Authority (CASA) has the authority to issue these directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring that aircraft operating in Australia meet the necessary safety standards. The policy objective of this legislation is to maintain the highest standards of aviation safety in Australia by ensuring that all aircraft are maintained in a safe and airworthy condition, in line with international obligations and best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. The ADs are designed to mandate safety requirements derived from the State of Design, which in turn must be assessed and potentially issued by CASA as Australian ADs. This process is essential for maintaining the safety standards required by international agreements and ensures that Australian aircraft meet necessary safety criteria. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and do not require public consultation or a Regulatory Impact Statement, given their international obligations-driven nature. CASA issues these directives to ensure compliance with the continuing airworthiness responsibilities of the State of Registry, and such actions are conducted under the authority of the Act by CASA officials.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the Act's purposes, specifically to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, which means it is a legislative instrument, as per section 6 of the Legislative Instruments Act 2003.
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. This state must supply necessary information to ensure the airworthiness of a type to appropriate States of Registry. ADs are the most common form of continuing airworthiness information issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry is responsible for the continuing airworthiness of an individual aircraft, and must develop or adopt requirements to ensure this, in accordance with Annex 8. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the State of Design’s requirements.
In this context, the United States Federal Aviation Administration (FAA) has issued AD 2006-23-05, affecting CESSNA 750 (Citation X) aircraft, for which the USA is the State of Design. CASA has assessed this AD and has issued Australian AD/CESSNA 750/4, which will take effect on 21 January 2010. Given Australia's obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design, no consultation with the Australian public has taken place regarding this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD was made by the Manager, Continuing Airworthiness in the 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. The obligations imposed by the AD are specific to ensuring the continuing airworthiness of the affected aircraft, which falls under the purview of CASA. Non-compliance with the AD may lead to severe consequences, including potential grounding of the aircraft or other enforcement actions by CASA. The AD itself does not explicitly outline penalties for non-compliance, but failure to adhere to CASA's airworthiness directives can result in civil or criminal penalties, depending on the severity of the non-compliance and its impact on aviation safety.