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 70-12-01 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/14, 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 Commonwealth Parliament, governs aviation safety in Australia with the overarching objective of ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide more detailed regulations, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are essential for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation and the responsibilities of the State of Design and State of Registry. CASA, as the national airworthiness authority, issues these directives in response to ADs from the relevant State of Design, such as the recent AD/CONVAIR/14 for Convair 340 and 440 model aircraft, which was issued due to an AD by the US Federal Aviation Administration and will become effective on 11 May 2006. This legislative framework ensures that Australia adheres to international standards while safeguarding the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under this Act, the Governor-General has the authority to make regulations, including those pertaining to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs serve to mandate the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with the responsibility for the continuing airworthiness of an aircraft type. In Australia, CASA acts as the national airworthiness authority and must issue corresponding ADs when the State of Design issues directives affecting aircraft on the Australian Register. The process for issuing these ADs is streamlined and does not require public consultation or a Regulatory Impact Statement, reflecting the international obligations and the technical nature of the directives.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are thus legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulatory framework is designed to ensure that aircraft maintain their airworthiness and safety standards.
Under the Civil Aviation Act 1988 and its accompanying regulations, CASA, as Australia's national airworthiness authority, must respond to ADs issued by the State of Design for aircraft types on the Australian Register. The State of Design, such as the USA for Convair 340 and 440 models, has the responsibility to provide necessary information to ensure continuing airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards.
Compliance with airworthiness directives is mandatory for all parties governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Aircraft operators, maintenance organisations, and other relevant entities must adhere to the requirements outlined in the ADs issued by CASA. These directives may include mandatory inspections, repairs, modifications, or other actions to ensure the continued safe operation of the aircraft. Failure to comply with an AD can result in serious safety risks and legal consequences.
The Civil Aviation Safety Regulations 1998 impose significant obligations on those involved in the aviation industry. Non-compliance with airworthiness directives can lead to various civil and criminal consequences. Civil penalties may include fines, while criminal penalties could result in imprisonment. The severity of the penalties depends on the nature and extent of the breach. For example, under section 133 of the Civil Aviation Act 1988, a person who contravenes a civil aviation regulation can be fined up to 10,000 penalty units for an individual and up to 50,000 penalty units for a body corporate. Additionally, CASA has the authority to suspend or revoke certificates related to aircraft operations, further emphasising the importance of adhering to the ADs.