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 US FAA has issued AD 2006-19-10 affecting Cirrus SR20 and SR22 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CIRRUS/4, Amendment 1, which will become effective on 24 October 2006. 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, Airframes 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, provides the legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Pursuant to section 98 of this Act, the Governor-General is empowered to create regulations that serve the interests of aviation safety. Complementing this, the Civil Aviation Safety Regulations 1998 allow 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 mandate safety measures and are essential for maintaining the continuing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation. The process involves CASA assessing ADs issued by the State of Design and, when necessary, issuing corresponding Australian ADs to ensure compliance and safety standards are met within the Australian aviation sector.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically regulation 39.001, provide the framework for the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988. These ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia, reflecting obligations under the Convention on International Civil Aviation and ICAO standards. The ADs mandate compliance with safety requirements as determined by the relevant State of Design, and CASA assesses and, if necessary, issues corresponding Australian ADs to enforce these requirements. The ADs apply to all aircraft and aeronautical products within the Australian Register and are intended to ensure uniformity and compliance with international safety standards. This regulation is a direct response to international obligations and the need for harmonised safety measures across jurisdictions, thus no public consultation is required. The ADs are made by authorised CASA officials in accordance with the Act, extending the legislative reach to ensure compliance with international civil aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties by this legislation include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to the appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of an individual aircraft and must develop or adopt requirements to meet this obligation. When a State of Design issues an AD, the State of Registry, represented by CASA in Australia, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In cases such as AD 2006-19-10 issued by the US Federal Aviation Administration (FAA) for the Cirrus SR20 and SR22 model aircraft, CASA must evaluate the AD and issue an equivalent Australian AD if appropriate. The issuance of AD/CIRRUS/4, Amendment 1, effective from 24 October 2006, is a result of these obligations. Given that this AD is a response to an AD issued by the relevant State of Design and is in line with Australia’s obligations under the Convention on International Civil Aviation, there was no consultation of the Australian public. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 establish clear penalties and consequences for non-compliance with ADs. Failure to comply with an AD can result in severe repercussions, including potential criminal charges and fines. For instance, under the Civil Aviation Act 1988, non-compliance with an AD can lead to offences that carry significant penalties. Specifically, the maximum penalty for contravening an AD can include fines of up to $275,000 for individuals and $1.375 million for corporations, as stipulated in the Act. Additionally, repeated or serious non-compliance can result in more severe penalties, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.