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 United States FAA has issued AD 65-12-01 affecting Convair 340 and 440 series aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/CONVAIR/25, which will become effective on 3 August 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, New Technologies and Systems, 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 Parliament of Australia, was introduced to provide comprehensive regulations for civil aviation, ensuring safety and efficiency in air navigation. The Act allows the Governor-General to create regulations for air navigation safety, which includes the issuance of airworthiness directives (ADs) as specified in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The Act was designed to align with international standards, particularly those set by the Convention on International Civil Aviation, under which the State of Design has the responsibility for the continuing airworthiness of aircraft types, while the State of Registry must implement the necessary requirements. In practice, the Civil Aviation Safety Authority (CASA) issues Australian ADs in response to directives from the relevant State of Design, ensuring compliance with international obligations without the need for public consultation, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, applying to those operating within Australia. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The scope of these directives is broad, encompassing any aircraft or aeronautical products registered in Australia, thereby affecting aircraft owners, operators, and maintenance providers. The ADs are intended to ensure the safety of air navigation and are issued in response to international obligations under the Convention on International Civil Aviation, specifically under Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, acting as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design. For example, in response to the United States FAA’s AD 65-12-01 affecting Convair 340 and 440 series aeroplanes, CASA has issued AD/CONVAIR/25. These ADs do not require public consultation or a Regulatory Impact Statement as they are issued pursuant to international agreements and in response to directives from the relevant State of Design. The ADs are drafted by authorised personnel within CASA, ensuring compliance with the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 allows CASA to issue ADs for specific aircraft or aeronautical products. These directives are deemed disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. Subregulation 39.001(5) further clarifies the nature of ADs within the regulatory framework.
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA and other relevant parties. CASA, as Australia’s national airworthiness authority, is mandated to assess information provided by the State of Design and issue Australian ADs if necessary. The State of Design, in this case the United States for the Convair 340 and 440 series aeroplanes, has the responsibility to provide continuing airworthiness information. The State of Registry, in this case Australia, must ensure the continuing airworthiness of the aircraft by implementing the ADs issued. This involves developing or adopting necessary requirements and ensuring compliance with the directives issued by CASA.
The legislation outlines several potential consequences for non-compliance with the ADs. While specific offences and penalties are not detailed in the text, breaches of airworthiness regulations generally attract significant penalties under the Civil Aviation Act 1988. These can include substantial fines and potential imprisonment, reflecting the high stakes involved in ensuring aviation safety. The seriousness of the potential consequences underscores the importance of strict adherence to the issued ADs to maintain the safety standards required under international aviation conventions and Australian law.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower CASA to issue ADs for the maintenance of airworthiness, mandate the assessment and implementation of these directives by the State of Registry, and highlight the potential severe penalties for non-compliance. These provisions ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards and national regulations.