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 64-18-04 affecting Convair 240, 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/18, 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 comprehensive framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. These ADs, as specified under regulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The Act addresses the need for a unified regulatory approach to ensure the safety and airworthiness of aircraft within Australian jurisdiction, aligning with international standards set by the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998, implemented by the Civil Aviation Safety Authority (CASA), mandate the State of Registry's responsibility for the continuing airworthiness of individual aircraft, requiring the adoption or development of necessary requirements. CASA issues Australian ADs in response to directives from the State of Design, ensuring compliance with international safety standards and obligations. This approach facilitates the effective management of aircraft safety and airworthiness, reflecting Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, through 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. This authority is exercised in the interest of ensuring the safety of air navigation and is consistent with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are issued in response to continuing airworthiness information provided by the State of Design. For instance, in response to AD 64-18-04 issued by the US Federal Aviation Administration (FAA) for Convair 240, 340, and 440 model aircraft, CASA has issued Australian AD/CONVAIR/18. This directive mandates compliance with the safety requirements set by the US as the State of Design, reflecting Australia's responsibility as the State of Registry to ensure the continuing airworthiness of aircraft registered within its territory. The issuance of such ADs typically does not require public consultation or a Regulatory Impact Statement, as they are responses to international safety obligations and do not necessitate broader public input.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations that safeguard the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments governed by the Legislative Instruments Act 2003. This means that ADs carry the force of law and must be followed by the entities they govern.
The obligations imposed by the ADs pertain primarily to the maintenance and operation of aircraft to ensure their continuing airworthiness. As per Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type was designed, has the overarching responsibility for the ongoing airworthiness of the aircraft type. This includes providing necessary information to ensure the aircraft’s continued airworthiness to the States of Registry, which are the countries where the individual aircraft are registered. CASA, acting as Australia’s national airworthiness authority, must review any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to mandate the required safety measures.
Non-compliance with ADs can lead to serious consequences. Civil Aviation Safety Regulations 1998 provide that failing to comply with an AD may result in severe civil or criminal penalties. The specific consequences depend on the nature and severity of the non-compliance. For example, operating an aircraft that does not comply with an AD may result in fines or even imprisonment, as well as potential grounding of the aircraft. The penalties are designed to ensure that all stakeholders adhere strictly to the safety standards set forth in the ADs to maintain the highest level of aviation safety.
CASA has assessed the AD 64-18-04 issued by the US Federal Aviation Administration (FAA) concerning Convair 240, 340, and 440 model aircraft and has issued an Australian AD, AD/CONVAIR/18, to be effective from 11 May 2006. Given that this AD was issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was necessary. The Office of Regulatory Review has also determined that such ADs do not require 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, ensuring that the directive was issued following proper legal procedures and authority.