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 68-10-04 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/16, 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 provide a legislative framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under section 98 of the Act, further detail the regulatory measures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative instrument, as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is a disallowable instrument under the Acts Interpretation Act 1901 and is therefore classified as a legislative instrument. The policy objective is to ensure that Australia meets its international obligations under the Convention on International Civil Aviation by maintaining the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia, ensuring adherence to safety standards and compliance with international obligations under the Convention on International Civil Aviation. The issuance of ADs is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The responsibility for continuing airworthiness of an aircraft type lies with the State of Design, which must provide necessary information to the State of Registry, such as Australia. CASA, as the national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs if appropriate. For instance, CASA issued Australian AD/CONVAIR/16 in response to the US Federal Aviation Administration's AD 68-10-04 for Convair 340 and 440 model aircraft, reflecting Australia's adherence to international safety standards. As ADs are issued under international obligations and do not require public consultation or a Regulatory Impact Statement, they are made by designated CASA officials in line with the Act.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. Within the framework of these regulations, regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is recognised as a disallowable instrument in accordance with section 46A of the Acts Interpretation Act 1901. Moreover, pursuant to section 6 of the Legislative Instruments Act 2003, an AD is classified as a legislative instrument.
Under the provisions of Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for the ongoing airworthiness of the aircraft. This includes providing any necessary information to ensure the continued airworthiness of the aircraft type to the appropriate States of Registry. Airworthiness directives, or their equivalents, serve as the most prevalent form of continuing airworthiness information and are issued by most ICAO Contracting States. The State of Registry, the country where the aircraft is registered, is also tasked with ensuring the ongoing airworthiness of the aircraft. According to Annex 8, the State of Registry must either develop or adopt requirements to maintain the airworthiness of aircraft. When a State of Design issues an AD concerning a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, is required to evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the specific case of the US Federal Aviation Administration (FAA) issuing AD 68-10-04, which pertains to Convair 340 and 440 model aircraft, the United States serves as the State of Design for these aircraft types. CASA has reviewed this AD and subsequently issued Australian AD/CONVAIR/16, which is set to become effective on 11 May 2006. Since this AD has been issued in response to Australia's obligations under the Convention on International Civil Aviation and due to an AD issued by the relevant State of Design, no consultation of the Australian public has taken place regarding this AD. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was created by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998, through regulation 39.001, impose specific obligations on CASA to issue airworthiness directives when necessary, ensuring the continued airworthiness of aircraft and aeronautical products. These obligations include the responsibility to evaluate information from the State of Design and, if required, issue corresponding Australian ADs. Furthermore, the Act requires CASA to act in accordance with the provisions of Annex 8 to the Convention on International Civil Aviation, which pertains to the ongoing airworthiness of aircraft. In cases where an AD is issued due to Australia's obligations under the Convention and in response to an AD from the relevant State of Design, CASA is not obligated to consult the Australian public. This is in line with subsection 84A(2) of the Act and the determination of the Office of Regulatory Review that ADs do not require a Regulatory Impact Statement.
Failure to comply with airworthiness directives or regulations under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 may result in both civil and criminal consequences. Under section 23 of the Civil Aviation Act 1988, any person who contravenes a provision of the Act, or any regulation or direction made under the Act, is liable for a penalty not exceeding level 5 on the Commonwealth penalty scale (approximately AUD 22,000 for individuals and AUD 110,000 for corporations). Additionally, under section 22 of the Act, any person who contravenes a direction given under the Act may be subject to a fine not exceeding level 4 on the Commonwealth penalty scale (approximately AUD 11,000 for individuals and AUD 55,000 for corporations). Furthermore, section 23A of the Act provides that a person who contravenes a provision of the Act, or any regulation or direction made under the Act, may be subject to imprisonment for a term not exceeding 2 years or both imprisonment and a fine. These penalties and consequences apply to any person who fails to comply with airworthiness directives or the relevant regulations.