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 67-33-03 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/28, 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 was enacted to establish a comprehensive legal framework governing civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to create regulations aimed at enhancing aviation safety, and under section 98, it allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs, as specified in regulation 39.001 of the Civil Aviation Safety Regulations 1998, serve as legislative instruments and are subject to disallowance provisions as outlined in the Acts Interpretation Act 1901. This legislative mechanism allows CASA to issue ADs to ensure compliance with international standards set forth by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. The ADs are issued without public consultation, as they are in response to international obligations and directives from the aircraft's State of Design. The ADs are created in accordance with the Act's provisions and serve to uphold Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness, with the issuance of airworthiness directives (ADs) playing a critical role in ensuring the safety of aircraft in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, making these directives legislative instruments subject to disallowance under the Acts Interpretation Act 1901. This process is integral to fulfilling Australia's obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry, such as Australia. CASA, as the national airworthiness authority, assesses this information and, if necessary, issues corresponding Australian ADs to enforce the requirements set forth by the State of Design. In the case of the United States Federal Aviation Administration’s AD 67-33-03 for General Dynamics 340/440 series aeroplanes, CASA issued Australian AD/CONVAIR/28, which will become effective on 26 October 2006. Given the international obligations and the nature of ADs, this particular directive did not undergo public consultation, and the Office of Regulatory Review determined that it did not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal basis for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to these provisions, CASA can issue ADs for specific types of aircraft or aeronautical products in the interest of ensuring the safety of air navigation. An AD is considered a legislative instrument under the Legislative Instruments Act 2003, and it is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901.
Under these provisions, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type, and must provide the necessary information to ensure its airworthiness to the States of Registry. The State of Registry, in this case CASA as Australia's national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This is in line with Annex 8 of the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and State of Registry in ensuring the continuing airworthiness of aircraft.
There are no obligations for the Australian public to be consulted regarding the issuance of ADs, as these directives are issued in response to ADs issued by the relevant State of Design, and due to Australia's obligations under the Convention on International Civil Aviation. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Breach of ADs may result in significant civil and criminal consequences. Violation of an AD may lead to penalties, including fines and imprisonment, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The specific penalties depend on the nature and severity of the violation, and the discretion of the court. It is essential for the parties and entities governed by these provisions to comply with the ADs to avoid such consequences and to ensure the safety of air navigation.