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 United States FAA has issued AD 2006-21-03 affecting Cirrus Design Corporation SR 20 and SR22 aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/CIRRUS/6, which will become effective on 21 December 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 legislative framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. In line with this objective, the Governor-General is authorised under section 98 of the Act to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that serve as the most common form of continuing airworthiness information, ensuring that aircraft types remain safe and airworthy in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Act mandates that Australia, as a State of Registry, must ensure the continuing airworthiness of aircraft registered within its territory, and must respond appropriately to ADs issued by the State of Design, as exemplified by the issuance of AD/CIRRUS/6 in response to FAA AD 2006-21-03. This legislative process underscores Australia's commitment to international civil aviation obligations and the maintenance of high safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are essential for maintaining the safety standards of aircraft in Australia and are issued in accordance with international obligations, particularly under Annex 8 to the Convention on International Civil Aviation. This ensures that aircraft meet continuing airworthiness requirements, with the State of Design holding primary responsibility for providing necessary information, and the State of Registry implementing these requirements. When an AD is issued by the State of Design, CASA evaluates the information and, if deemed necessary, issues an Australian AD to enforce the requirements on aircraft registered in Australia. For example, CASA issued AD/CIRRUS/6 in response to the United States FAA's AD 2006-21-03 concerning Cirrus Design Corporation SR 20 and SR22 aeroplanes. This AD, effective from 21 December 2006, reflects CASA's duty to uphold international safety standards without requiring public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) further clarifies that ADs are disallowable instruments, making them legislative instruments under the Legislative Instruments Act 2003.
The obligations under this legislation require CASA to evaluate ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to mandate the required safety measures for aircraft registered in Australia. The State of Design, in this case the United States, is responsible for ensuring the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry, such as Australia. This international cooperation is essential for maintaining safety standards globally and ensures that Australian aircraft meet international safety requirements.
Failing to comply with the provisions of an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in significant penalties. For example, section 360 of the Act imposes a civil penalty of up to $275,750 for each flight where an aircraft does not comply with an AD. Furthermore, there are potential criminal penalties for serious breaches, including fines and imprisonment. These stringent measures underscore the importance of adhering to the ADs to maintain the safety of air navigation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for ensuring the safety of air navigation through the issuance and enforcement of airworthiness directives. The obligations placed on CASA and other entities ensure that Australian aircraft meet international safety standards, and the penalties for non-compliance highlight the seriousness of adhering to these safety requirements.