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 73-19-11 affecting General Dynamics 340/440 series aeroplanes. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CONVAIR/27, which will become effective on 26 October 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 Australian Parliament, establishes a comprehensive regulatory framework for civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide more detailed provisions for the safe operation of aircraft, including the issuance of airworthiness directives (ADs). The ADs are legislative instruments that mandate specific actions to address identified safety issues with aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA) has the authority to issue these directives to ensure compliance with safety standards. The policy objective is to maintain the highest safety standards in line with international obligations, such as those set out in Annex 8 to the Convention on International Civil Aviation, by ensuring that aircraft remain airworthy through timely and effective directives.
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 specific kinds of aircraft or aeronautical products, as stipulated under section 98 of the Civil Aviation Act 1988. This authority is exercised in the interest of ensuring the safety of air navigation, thereby extending the reach of the Act to the aviation industry and all entities involved in the manufacture, maintenance, and operation of aircraft within Australia. The ADs are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations is international, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, including Australia. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements. The issuance of ADs is a non-consultative process as it is driven by international obligations and responses to directives from the relevant State of Design, and it does not require a Regulatory Impact Statement. This legislative instrument is issued under the authority of CASA and is effective from the specified date, ensuring compliance with international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to enact regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to closely monitor and respond to ADs issued by the State of Design, particularly when these ADs pertain to aircraft types registered in Australia. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type and must share any necessary information to ensure the aircraft's airworthiness with the appropriate States of Registry. The State of Registry, in this case Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. Consequently, when the United States, as the State of Design, issues an AD affecting aircraft types registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design.
The regulatory framework mandates that CASA, as Australia’s national airworthiness authority, must take specific actions upon receiving an AD from the State of Design. For example, the United States Federal Aviation Administration (FAA) issued AD 73-19-11 concerning General Dynamics 340/440 series aeroplanes. As the United States is the State of Design for these aircraft types, CASA assessed the AD and issued Australian AD/CONVAIR/27, which became effective on 26 October 2006. This process underscores the importance of adhering to international civil aviation obligations and ensuring that all necessary measures are in place to maintain the airworthiness of aircraft registered in Australia.
In terms of consequences, any breach of the obligations or requirements set forth in these regulations could lead to significant legal repercussions. While the specific penalties for non-compliance are not detailed within this text, the issuance of ADs and the failure to comply with them can result in severe civil or criminal penalties, depending on the severity of the breach. The Civil Aviation Act 1988 and associated regulations are designed to ensure that all parties maintain the highest standards of airworthiness, thereby safeguarding public safety and adhering to international aviation standards.