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 New Zealand CAA has issued AD DCA/CRESCO/13 affecting Pacific Aerospace Cresco 08/600 model aircraft. New Zealand is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CRESCO/12, which will become effective on 14 December 2007.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it facilitates the creation of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft types, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that Australian aviation safety standards are consistent with international obligations, particularly under Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is tasked with assessing foreign ADs and issuing corresponding Australian ADs when necessary, thereby upholding Australia's responsibility as a State of Registry.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) under regulation 39.001. This authority is exercised to ensure the safety of air navigation, particularly in relation to the continuing airworthiness of aircraft and aeronautical products registered in Australia. These directives are legally binding instruments, as defined under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to mandate compliance with international standards set forth by the International Civil Aviation Organization (ICAO) and are particularly relevant to the States of Design and Registry of the aircraft types in question. In the case of AD DCA/CRESCO/13 issued by New Zealand, CASA has assessed and subsequently issued an equivalent Australian directive, AD/CRESCO/12, reflecting Australia's commitment to international civil aviation safety standards. Given the international context and the specific regulatory obligations, the ADs do not require public consultation or a Regulatory Impact Statement. The ADs are crafted by authorised CASA personnel in adherence to the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that serve the Act's purposes and ensure the safety of air navigation. This legislative framework enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility for the type of aircraft, and the State of Registry for individual aircraft.
Obligations under this legislation require CASA to assess ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs. This is necessary to mandate the requirements of the State of Design for aircraft registered in Australia. For instance, New Zealand, as the State of Design for Pacific Aerospace Cresco 08/600 model aircraft, issued an AD which CASA assessed and subsequently issued as Australian AD/CRESCO/12. This process ensures that Australian-registered aircraft meet international safety standards and comply with the Convention on International Civil Aviation.
The ADs do not require public consultation as they are issued under Australia's international obligations and in response to ADs from the relevant State of Design. The Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The ADs are formally made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in line with subsection 84A(2) of the Act.
Breaching the requirements set forth in the ADs can result in serious consequences. Failure to comply with an AD can lead to penalties, both civil and criminal, depending on the severity of the non-compliance. Civil penalties can include fines, while criminal penalties might involve imprisonment. The maximum penalties are determined by the specific regulations and the nature of the breach. It is essential for operators and owners of aircraft to adhere strictly to the ADs to avoid these repercussions and ensure the safety and airworthiness of their aircraft.