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 FAA has issued AD 2005-24-10 affecting American Champion Aircraft Corp. Model 7 series and Model 8 series aircraft. USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CHA/29, which will become effective on 23 January 2006.
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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. It empowers the Governor-General to make regulations that ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 serving as a key instrument. Specifically, section 98 of the Act allows for the creation of regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These directives are legislative instruments that mandate safety measures for aircraft and aeronautical products, as per international standards set by the Convention on International Civil Aviation. The Act seeks to align Australia's aviation safety standards with global best practices, ensuring that Australian aircraft meet internationally recognised safety requirements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. In line with international standards under Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. Consequently, the State of Registry, in this case CASA, must assess and implement the ADs issued by the State of Design, ensuring they meet Australian safety requirements. The application of these regulations is geographically broad, covering all aircraft types registered in Australia, and extends to enforcing international standards to maintain safety and regulatory compliance. While the ADs are issued under specific international obligations and regulatory frameworks, they are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This legislative framework allows for the establishment of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, enabling the Civil Aviation Safety Authority (CASA) to mandate requirements for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are subject to disallowance as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations require the State of Design, which is the state where the aircraft type was designed, to maintain overall responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, which are responsible for ensuring the airworthiness of individual aircraft registered within their jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce those requirements. This ensures compliance with international standards under Annex 8 to the Convention on International Civil Aviation.
There are specific processes and protocols to be followed when issuing ADs. For instance, when the Federal Aviation Administration (FAA) issues an AD affecting certain aircraft types, CASA assesses the AD and issues an Australian AD if appropriate. The AD in question, AD 2005-24-10, which affects American Champion Aircraft Corp. Model 7 and Model 8 series aircraft, was issued by the FAA. CASA subsequently issued Australian AD/CHA/29, which will become effective on 23 January 2006. Given the international obligations and the nature of the directive, no public consultation was required, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not necessary. The AD was 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.
Breaches of the requirements set out in these ADs can result in significant consequences. Failure to comply with an airworthiness directive can lead to penalties under the Civil Aviation Act 1988, including fines and potential criminal charges for serious non-compliance. The maximum penalties vary depending on the severity of the breach, but they can include substantial financial penalties and imprisonment. Ensuring adherence to ADs is critical for maintaining the safety standards required under both national and international aviation laws.