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 2002-23-05 Amendment 39-12949 affecting Cessna 750 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 750/5 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 Parliament of Australia, is designed to ensure the safety of air navigation and to address issues related to the continuing airworthiness of aircraft within Australian airspace. This legislation provides the framework for the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft. The Act authorises the Governor-General to make regulations, such as those detailed in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are critical for ensuring that aircraft remain airworthy in accordance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective of this Act is to align Australia’s regulatory practices with international obligations, ensuring that aircraft registered in Australia meet the necessary safety standards set by the State of Design and enforced by the State of Registry.
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) for specific types of aircraft or aeronautical products. This legislation applies to entities such as aircraft manufacturers, operators, and maintenance organisations within the Australian jurisdiction, and it is intended to ensure the safety of air navigation. The geographic reach of these regulations is national, with CASA acting as Australia's central authority for enforcing airworthiness standards. ADs are considered legislative instruments and are issued in response to international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. Consequently, when an AD is issued by the State of Design, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the requirements on aircraft registered in Australia. The ADs do not typically require public consultation or a Regulatory Impact Statement, as they are based on international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily focused on ensuring the safety and continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (the country where the aircraft type is designed) has the overarching responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to the State of Registry (the country where the aircraft is registered) to maintain airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Non-compliance with ADs can result in severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs; however, failure to comply with these directives can lead to safety issues, resulting in potential civil or criminal liability under other sections of the Act. CASA may take enforcement actions, including grounding of non-compliant aircraft, which can significantly impact the operations of aviation businesses. Moreover, in the event of an accident or incident, non-compliance with ADs can be a contributing factor, leading to investigations by CASA and potentially resulting in further penalties.
Given the international nature of aviation and the obligations under the Convention on International Civil Aviation, ADs are issued without public consultation, as they are responses to international safety requirements. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, as they are necessary to ensure compliance with international safety standards. The ADs are issued by authorised personnel within CASA, ensuring that the authority and responsibility for issuing these critical safety measures are clearly defined and executed.