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 83-01-02 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/5, 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 establish a comprehensive legal framework for civil aviation safety in Australia. This Act was introduced to address the need for stringent regulations to ensure the safety of air navigation, reflecting Australia's obligations under international conventions such as the Convention on International Civil Aviation. The Act empowers the Governor-General to make regulations in the interest of safety, which are then overseen by the Civil Aviation Safety Authority (CASA). Specifically, under section 98 of the Act, CASA is authorised to issue airworthiness directives (ADs) as necessary to maintain the continuing airworthiness of aircraft registered in Australia. The policy objective of this legislation is to harmonise Australia's regulatory environment with international standards, ensuring that all aircraft operating within Australian airspace meet requisite safety standards.
In line with these objectives, CASA has issued Australian AD/CONVAIR/5 in response to the US Federal Aviation Administration's AD 83-01-02 concerning Convair 340 and 440 model aircraft, reflecting Australia's commitment to international cooperation in aviation safety. This AD was formulated under the authority of the Civil Aviation Safety Regulations 1998 and was made without public consultation, as it is a direct response to an international AD and thus not subject to the usual public consultation processes. The AD was prepared by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by regulation 39.001. These ADs are legislative instruments that serve as the primary means of ensuring the continuing airworthiness of aircraft types as per the obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the USA for the Convair 340 and 440 models, holds primary responsibility for issuing ADs, with the State of Registry, in this case CASA, tasked with assessing and, if necessary, issuing corresponding ADs for aircraft registered in Australia. The issuance of ADs such as AD/CONVAIR/5, in response to an AD by the relevant State of Design, is conducted without public consultation as it is driven by international obligations. Furthermore, the AD is made by the Manager, Airframes within CASA's Manufacturing, Certification and New Technologies Office, in line with the provisions of the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are formal regulatory instruments that must comply with the Legislative Instruments Act 2003 (section 6), as they are considered disallowable instruments under the Acts Interpretation Act 1901 (section 46A). An AD is a legislative instrument that ensures the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, and is issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily rest on CASA and the States of Design and Registry. The State of Design, responsible for the aircraft type, must issue necessary information to ensure continuing airworthiness, and the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD. This ensures that the safety requirements mandated by the State of Design are met within Australia's aviation sector. In this particular case, the United States, as the State of Design for Convair 340 and 440 model aircraft, issued AD 83-01-02. CASA assessed this directive and issued Australian AD/CONVAIR/5, which will become effective on 11 May 2006.
As the AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation with the Australian public was undertaken. The Office of Regulatory Review has 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 Civil Aviation Act 1988.
The Act and the associated regulations provide for potential civil and criminal consequences for non-compliance with ADs. Failure to adhere to an AD can result in the aircraft being deemed unairworthy, which could lead to severe safety risks and legal ramifications for operators. Additionally, CASA has the authority to take enforcement actions against non-compliant entities, which could include fines, suspension or revocation of aircraft certificates, or other regulatory measures. The maximum penalties for breaches are not specified in the text, but they are generally aligned with the severity of the non-compliance and the associated risk to aviation safety.