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 2005-17-19 affecting Cirrus SR20 and SR22 model aircraft. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CIRRUS/4, which will become effective on 27 September 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 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 was enacted to provide a 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 for the purposes of the Act and in the interests of the safety of air navigation, as outlined in section 98. In accordance with the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is particularly relevant under subregulation 39.001(5), which classifies ADs as disallowable instruments under the Acts Interpretation Act 1901. The issuance of ADs is integral to maintaining the continuing airworthiness of aircraft types, a responsibility mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is obligated to respond to ADs issued by the State of Design, ensuring the safety of aircraft registered in Australia aligns with international standards.
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, as stated in regulation 39.001. These ADs, which are legislative instruments under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003, serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce compliance. For instance, CASA has issued AD/CIRRUS/4 in response to the US Federal Aviation Administration’s AD 2005-17-19 concerning Cirrus SR20 and SR22 model aircraft, reflecting Australia’s commitment to international aviation safety standards. Notably, these directives are not subject to public consultation or a Regulatory Impact Statement, given their alignment with international obligations and the specific nature of their issuance.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs serve as a primary mechanism for ensuring the continuing airworthiness of aircraft types, mandated by Annex 8 to the Convention on International Civil Aviation.
Under the obligations set forth by the Act and regulations, CASA must evaluate any AD issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design for aircraft registered in Australia. For instance, in response to the US Federal Aviation Administration (FAA) issuing AD 2005-17-19 for Cirrus SR20 and SR22 model aircraft, CASA issued Australian AD/CIRRUS/4. This process is driven by international obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD was created by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Breach of the provisions set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. While specific offences and penalties are not detailed in the provided text, it is implicit that failure to comply with ADs or regulatory requirements could lead to significant legal ramifications. These may include fines, imprisonment, or other penalties as prescribed by relevant aviation safety legislation. Given the critical nature of airworthiness directives in maintaining safety standards, non-compliance can also result in severe operational consequences, including grounding of aircraft, which further underscores the importance of adhering to these regulations.