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 70-13-02 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/11, 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 was enacted to ensure the safety and efficiency of civil aviation in Australia. It provides the legislative framework for the regulation of civil aviation activities, including the issuance of airworthiness directives to maintain the safety standards of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 outlining the process for issuing airworthiness directives. These directives are a legislative instrument and are issued in accordance with international standards set by the Convention on International Civil Aviation. The issuing of an Australian airworthiness directive, such as AD/CONVAIR/11 for Convair 340 and 440 model aircraft, is a response to obligations under international conventions and does not require public consultation or a Regulatory Impact Statement. The Civil Aviation Safety Authority (CASA), acting on behalf of the Commonwealth, is responsible for ensuring compliance with these directives to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as defined under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and they play a crucial role in ensuring the continuing airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 grants the authority to issue these ADs, thereby extending the application of the Act to all entities involved in the design, registry, and operation of aircraft within Australia. Geographic reach is inherently national, as CASA, Australia’s national airworthiness authority, assesses and mandates the requirements of ADs issued by the States of Design, thereby ensuring compliance with international obligations under the Convention on International Civil Aviation. Notably, ADs issued in response to obligations under the Convention, such as AD/CONVAIR/11 issued by CASA in response to the US FAA’s AD 70-13-02, do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003. The ADs serve as a means for ensuring the continuing airworthiness of aircraft types, in accordance with Annex 8 to the Convention on International Civil Aviation.
The obligations placed on parties under this legislation are significant. The State of Design, which is the country responsible for designing the aircraft type, must provide necessary information to ensure the continuing airworthiness of that type to the State of Registry. The State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, has the responsibility to assess information from the State of Design and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the requirements set forth in these ADs can result in serious consequences. Although the specific offences, penalties, or civil and criminal consequences are not detailed in the provided text, it is understood that non-compliance with ADs can lead to enforcement actions by CASA. This may include fines, suspension or revocation of airworthiness certificates, and potential legal action. The seriousness of these consequences underscores the importance of adhering to the ADs to maintain the safety of air navigation. CASA's authority to issue these directives and the obligation of States of Registry to comply with them are central to ensuring that all aircraft operating within Australian airspace meet the highest safety standards.