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 70-12-07 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/12, 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 establish a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, delegating specific authority to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail these regulations, including provisions for issuing airworthiness directives (ADs) under regulation 39.001. These ADs, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft and are issued by CASA in accordance with international obligations under the Convention on International Civil Aviation. This legislative framework ensures that Australia complies with its international responsibilities while safeguarding the safety of air navigation within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, encompasses the issuance of airworthiness directives (ADs) under regulation 39.001. This legislation applies to all aircraft registered in Australia, irrespective of whether they are operated domestically or internationally, and mandates the issuance of ADs to ensure the continuing airworthiness of aircraft types. The ADs are legislative instruments and serve as a means to implement obligations under the Convention on International Civil Aviation, particularly those concerning the States of Design and Registry. The Civil Aviation Safety Authority (CASA) is responsible for assessing and issuing these ADs, ensuring compliance with international standards and protocols. Any AD issued by CASA is directly applicable to the relevant aircraft operators, manufacturers, and other stakeholders within the aviation industry. Notably, certain ADs may be issued without public consultation, particularly those responding to international obligations or directives from the State of Design, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that support the Act, particularly concerning the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are instrumental in ensuring the continuing airworthiness of aircraft, a responsibility that falls under Annex 8 of the Convention on International Civil Aviation.
The obligations placed on the parties governed by the Act are significant and multifaceted. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of that type. This obligation includes providing any necessary information to States of Registry. States of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of individual aircraft registered within their jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is mandated to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can result in serious legal consequences. Under the Civil Aviation Act 1988, an AD is a legislative instrument, and non-compliance with such an instrument can lead to both civil and criminal penalties. The specific consequences of breaching an AD can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach but underscore the critical importance of adhering to airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail the enforcement mechanisms and the potential sanctions for non-compliance, ensuring that the safety standards mandated by ADs are rigorously upheld.