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 UK CAA has issued AD G-2005-0025 affecting DH60 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DH 60/8, which will become effective on 27 October 2005.
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, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to create regulations that align with these objectives. The Civil Aviation Safety Regulations 1998, which fall under this legislative framework, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as crucial legislative instruments to maintain the safety standards of aircraft within Australia, aligning with the overarching policy objective of ensuring the safety of air navigation as mandated by the Act.
Scope and Application
The Civil Aviation Act 1988, specifically through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are issued under the authority of the Governor-General to ensure the safety of air navigation and are considered legislative instruments as per the Legislative Instruments Act 2003. The ADs serve to mandate compliance with continuing airworthiness requirements, which are crucial for maintaining the safety standards of aircraft types registered in Australia. As the national airworthiness authority, CASA is responsible for assessing ADs issued by States of Design and, when necessary, issuing corresponding Australian ADs. This process is governed by international obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of States of Design and States of Registry regarding the continuing airworthiness of aircraft. Notably, these ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is also a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation require the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry. In the case of Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. The State of Registry is also tasked with ensuring the continuing airworthiness of individual aircraft, and must develop or adopt requirements to achieve this. When CASA issues an Australian AD, it is in response to an AD from the State of Design, and thus, consultation with the Australian public is not required, as confirmed by the Office of Regulatory Review.
The implications of non-compliance with these regulations are significant. Any breaches of the ADs can lead to serious consequences, including potential safety hazards and legal repercussions. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state maximum penalties for non-compliance, breaches can result in fines, imprisonment, or other civil or criminal penalties under related Australian laws. Compliance with ADs is critical for maintaining the safety and airworthiness of aircraft operating within Australia.