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 68-07-01 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/17, 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 framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act grants the Governor-General the authority to make regulations under section 98 to protect the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and oversight by the Legislative Instruments Act 2003. The Act addresses the need to ensure the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of airworthiness on the State of Design and State of Registry. The issuing of ADs by CASA, in response to ADs from the State of Design such as the US Federal Aviation Administration (FAA), ensures that Australian aircraft meet international safety standards without requiring public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation within Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Airworthiness directives are legislative instruments under the Legislative Instruments Act 2003, and they serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The State of Registry, in this case CASA, is responsible for ensuring the airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the required measures. This process is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, and it does not typically require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are issued to ensure the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation.
The obligations placed on the State of Design and the State of Registry are central to the operation of ADs. The State of Design, which in this case is the United States for the Convair 340 and 440 models, is responsible for the overall airworthiness of an aircraft type and must provide necessary information to ensure airworthiness. The State of Registry, in this instance CASA as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if deemed appropriate, issue an Australian AD to mandate the necessary requirements. This process ensures that the safety and airworthiness standards are consistently applied across international borders.
Failure to comply with ADs can lead to serious consequences. ADs are legally binding and non-compliance can result in the grounding of affected aircraft, as well as potential criminal and civil penalties. The Civil Aviation Safety Regulations 1998 may impose fines and other penalties for non-compliance with ADs, and the severity of these penalties can vary depending on the nature and extent of the breach. Under section 39.001(6) of the Civil Aviation Safety Regulations 1998, CASA has the authority to enforce compliance with ADs, which may include issuing penalties or taking other regulatory action against non-compliant parties.
The AD issued by CASA in response to the US FAA’s AD 68-07-01 is an example of this regulatory process. The AD/CONVAIR/17 will become effective on 11 May 2006, and it is based on the obligations Australia has under the Convention on International Civil Aviation. Given the international nature of the AD and the fact that it responds to an AD from the relevant State of Design, no consultation of the Australian public was required. Additionally, the Office of Regulatory Review determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was 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.