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 71-02-03 affecting Convair 340 and 440 model aircraft. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CONVAIR/10, which will become effective on 11 May 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, 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 a comprehensive framework for ensuring the safety of air navigation. This legislation empowers the Governor-General to make regulations aimed at enhancing aviation safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Specifically, under section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments that serve as crucial tools for maintaining the continuing airworthiness of aircraft, in alignment with the obligations under the Convention on International Civil Aviation. The objective of this legislative measure is to ensure that Australia meets its international commitments and maintains high safety standards in the aviation sector.
Scope and Application
The Civil Aviation (Airworthiness Directives) Determination 2006, which is an instrument made under section 98 of the Civil Aviation Act 1988, applies to all relevant aircraft operators in Australia, mandating compliance with the issued airworthiness directives for specific aircraft types, in this instance, Convair 340 and 440 models. The jurisdictional reach of this legislation is national, as it is implemented by the Civil Aviation Safety Authority (CASA), which acts on behalf of the Commonwealth in ensuring the safety of air navigation. This Australian AD is in response to an equivalent directive issued by the United States Federal Aviation Administration, reflecting Australia's adherence to international aviation standards as outlined in Annex 8 of the Convention on International Civil Aviation. The application of the AD is automatic for all registered aircraft of the specified types in Australia, without any stated exclusions or exemptions, and it becomes effective from the specified date of 11 May 2006. The scope of this particular AD is not subject to further extension or restriction by subordinate instruments, although CASA retains the authority to issue additional airworthiness directives as required under the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations that serve the purposes of the Act and enhance the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to take several actions. Firstly, when an AD is issued by the State of Design for an aircraft type registered in Australia, CASA must review this information to ensure compliance with Australian standards. If necessary, CASA is required to issue an Australian AD to mandate the requirements set by the State of Design. This process is essential to maintain the continuing airworthiness of aircraft registered in Australia, as mandated by Annex 8 to the Convention on International Civil Aviation. This annex designates the State of Design with overall responsibility for ensuring the continuing airworthiness of an aircraft type and requires it to provide necessary information to States of Registry.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish clear consequences for non-compliance with airworthiness directives. While the specific offences and penalties for breaching these regulations are not detailed in the provided text, it is implied that failure to adhere to ADs could result in serious safety risks. Given the critical nature of these regulations in maintaining air safety, breaches could potentially lead to both civil and criminal consequences, including substantial fines and imprisonment, although the exact penalties are not specified here. The adherence to these directives is crucial for the safe operation of aircraft in Australia, and any violations could significantly impact aviation safety and regulatory compliance.