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/6B affecting Pacific Aerospace Corporation 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/5 Amendment 1, which will become effective on 28 February 2010. This AD cancels and replaces the previous issue.
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 Continuing Airworthiness in the Airworthiness and Engineering Branch, 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 framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in the Civil Aviation Safety Regulations 1998. These ADs serve as a means to mandate continuing airworthiness requirements for aircraft and aeronautical products, aligning with Australia’s obligations under the Convention on International Civil Aviation. The objective of the ADs is to ensure that all aircraft registered in Australia meet the necessary safety standards, reflecting the responsibilities of both the State of Design and the State of Registry. CASA issues these directives based on assessments of international ADs, ensuring that Australian aviation remains compliant with global safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments as they are disallowable under the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. This regulatory framework is designed to ensure the continuing airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 of the Convention on International Civil Aviation. The State of Design, such as New Zealand in the case of Pacific Aerospace Corporation Cresco 08-600 model aircraft, is responsible for issuing ADs concerning the continuing airworthiness of an aircraft type, while the State of Registry, here represented by CASA, is tasked with implementing these directives for aircraft registered within its jurisdiction. The issuance of AD/CRESCO/5 Amendment 1 by CASA reflects Australia's adherence to its international obligations and its commitment to maintaining the safety and airworthiness of aircraft registered in Australia. The process does not involve public consultation due to its international nature and compliance basis, and it has been determined that such directives do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. ADs are legislative instruments, as defined under the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft types, in line with Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft is designed, holds primary responsibility for ensuring the airworthiness of an aircraft type. Conversely, the State of Registry, which is the country where the aircraft is registered, is responsible for ensuring the ongoing airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft on the Australian Register, the Civil Aviation Safety Authority (CASA) must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, New Zealand, as the State of Design for the Pacific Aerospace Corporation Cresco 08-600 model aircraft, issued AD DCA/CRESCO/6B. Following its assessment, CASA issued Australian AD/CRESCO/5 Amendment 1, which will take effect on 28 February 2010, replacing the previous version. Given that this 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 of the Australian public has occurred regarding this directive. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, various obligations and requirements are imposed on parties and entities governed by these regulations. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international airworthiness standards. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and these requirements must be consistent with the ADs issued by the State of Design. Aircraft operators must adhere to the provisions of any ADs applicable to their aircraft, which may include mandatory inspections, repairs, or modifications. Failure to comply with an AD can result in serious safety risks, including potential grounding of the aircraft or legal consequences. Furthermore, CASA is responsible for monitoring compliance with ADs and may conduct audits or inspections to ensure adherence.
Breaching the provisions of an AD can lead to significant civil and criminal consequences, as stipulated under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Civil penalties for non-compliance may include fines and, in severe cases, the grounding of the aircraft until compliance is achieved. For instance, failure to adhere to the requirements of an AD can result in fines up to a specified maximum amount. Additionally, under section 155 of the Civil Aviation Act 1988, a person who contravenes a regulation can be fined up to 500 penalty units, which as of 2024 is approximately AUD 73,500. Furthermore, criminal penalties may apply for serious breaches, which can result in imprisonment. The severity of the penalty often correlates with the extent of the safety risk posed by the non-compliance. Continuous failure to comply with ADs can undermine the safety standards essential for air navigation and may result in legal action against the responsible parties.