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 92-06-06 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/4, 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 legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with specific provisions under regulation 39.001 of the Civil Aviation Safety Regulations 1998 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments and serve to mandate requirements for the continuing airworthiness of aircraft types registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The issuance of ADs is particularly critical in fulfilling Australia’s obligations under the Convention on International Civil Aviation, ensuring that Australian aircraft maintain compliance with global safety standards. The ADs are issued without public consultation, as they are directly tied to international obligations and assessments conducted by CASA, ensuring that Australian aviation maintains the highest safety standards in line with international commitments.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) can be issued in Australia. The Act applies to the Governor-General, the Civil Aviation Safety Authority (CASA), and other relevant entities involved in the oversight of civil aviation. These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products, ensuring compliance with safety standards that are critical for the continuing airworthiness of aircraft. This regulatory power is exercised in accordance with Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must implement the necessary measures to maintain airworthiness. In the case of Australian-registered aircraft, CASA must issue corresponding ADs if required by the State of Design, as exemplified by the issuance of AD/CONVAIR/4 in response to the US FAA's AD 92-06-06 for Convair 340 and 440 model aircraft. This jurisdictional scope ensures that Australian aviation standards align with international obligations and safety requirements.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, outline the framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft. Under section 98 of the Act, the Governor-General can make regulations for air navigation safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. An AD is considered a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. It is important to note that ADs are typically issued in accordance with Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to ensure the continuing airworthiness of aircraft types and to provide necessary information to States of Registry.
The obligations imposed by these provisions on CASA and other relevant authorities are significant. CASA, as Australia's national airworthiness authority, is required to assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate those requirements. This process ensures that aircraft registered in Australia meet the necessary safety standards. Additionally, under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. This means that CASA must ensure that Australian-registered aircraft comply with international safety standards as set out in ADs.
Failure to comply with ADs can result in severe consequences. Under section 39.001(5) of the Civil Aviation Safety Regulations 1998, non-compliance with an AD can lead to significant civil and criminal penalties. These can include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the AD. The exact penalties are not specified in the provided text but are generally severe due to the critical nature of airworthiness compliance. Therefore, all parties governed by these regulations must ensure strict adherence to ADs to avoid such consequences.