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/9 affecting 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/9, which will become effective on 15 February 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 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 framework for the regulation of civil aviation in Australia, addressing the need for national standards to ensure the safety and efficiency of air navigation. This legislation empowers the Governor-General to make regulations that are critical for maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Civil Aviation Act 1988, further specify the procedures and standards required for airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs, which are legislative instruments, are essential tools for ensuring that aircraft and aeronautical products meet continuing airworthiness standards, in line with international obligations under the Convention on International Civil Aviation. The issuance of these directives is necessary to address specific safety concerns identified by the State of Design or other contracting states, and CASA’s role is to assess and, if appropriate, mandate these requirements within the Australian aviation context.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve to mandate compliance with safety standards and are informed by Australia's obligations under international agreements such as Annex 8 to the Convention on International Civil Aviation. These ADs apply to all aircraft registered in Australia, and CASA must issue corresponding Australian ADs when necessary to meet international airworthiness requirements. The ADs are developed in response to directives from the State of Design or as part of Australia's adherence to international safety standards, and they do not require public consultation or a Regulatory Impact Statement. The application of these regulations is comprehensive, covering all aircraft and aeronautical products within Australia’s jurisdiction, ensuring that the safety standards are uniformly enforced across the aviation industry.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations that are necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) of the regulations further stipulates that these ADs are considered disallowable instruments, meaning they can be subject to disallowance by Parliament, as per section 46A of the Acts Interpretation Act 1901. Additionally, these ADs are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and regulations primarily focus on ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, bears the responsibility for the continuing airworthiness of the aircraft type, and must provide all necessary information to the States of Registry to maintain this airworthiness. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the safety standards set by international agreements.
The issuing of airworthiness directives is a significant part of the regulatory framework designed to ensure that aircraft remain safe to fly. In this instance, the New Zealand Civil Aviation Authority (CAA) has issued an AD (DCA/Cresco/9) concerning the Cresco 08-600 model aircraft, for which New Zealand is the State of Design. CASA has reviewed this AD and issued its own corresponding AD (AD/CRESCO/9), which will take effect on 15 February 2007. 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 with the Australian public was necessary. The Office of Regulatory Review has also determined that such ADs do not require a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in serious consequences. Section 84A(2) of the Act provides that CASA can enforce compliance with ADs, and non-compliance can lead to significant penalties. While specific penalties are not detailed in the provided excerpt, they typically include fines and potential grounding of non-compliant aircraft. In more severe cases, civil or criminal penalties could be imposed, including prosecution for endangering the safety of air navigation. These measures underscore the importance of adhering to airworthiness directives to maintain the safety and integrity of Australia's aviation industry.