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.
As a result of an assessment of Australian unique AD/ELECT/11, CASA has amended this AD by removal of a reference to obsolete ANO 107.2.6.2.1. The amended AD, AD/ELECT/11 Amendment 1, will become effective on
12 February 2009. 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 the amendment is administrative only with no technical changes that would require a new compliance impact on industry, 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, Systems and New Technologies in the Airworthiness Engineering Group, 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, with a particular emphasis on safety. This legislation empowers the Governor-General to create regulations in the interests of air navigation safety. One significant tool under this Act is the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the ongoing safety and airworthiness of aircraft and aeronautical products, as outlined in the Civil Aviation Safety Regulations 1998. This approach aligns with international standards under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the overarching responsibility for continuing airworthiness, while the State of Registry must ensure individual aircraft remain airworthy. The Civil Aviation Act 1988 thus aims to harmonise Australian civil aviation practices with global standards, thereby safeguarding both domestic and international air travel.
Scope and Application
The Civil Aviation Act 1988 applies broadly to the regulation of civil aviation in Australia, including the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments subject to disallowance and are intended to ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Regulations 1998, which are subordinate instruments extending the application of the Act, allow the Civil Aviation Safety Authority (CASA) to issue such directives, which must be in compliance with the Convention on International Civil Aviation. The ADs apply to aircraft types registered in Australia and are a continuation of the State of Design’s responsibility for airworthiness, as mandated by Annex 8 of the Convention. The regulations apply nationally, and CASA, as the national airworthiness authority, is responsible for assessing and issuing airworthiness directives to ensure compliance with international standards. The ADs themselves do not require public consultation or a Regulatory Impact Statement, as they are considered administrative amendments without significant technical changes affecting industry compliance.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, outlines the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to make regulations, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This legislative instrument is a disallowable instrument, meaning it can be reviewed and potentially disallowed by Parliament under section 46A of the Acts Interpretation Act 1901. The ADs are a critical tool in ensuring the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
The obligations placed on the State of Design and the State of Registry are significant. The State of Design, typically the country where the aircraft is designed, is responsible for providing necessary information to ensure the aircraft's continuing airworthiness. Meanwhile, the State of Registry, which in the case of Australia is CASA, must develop or adopt requirements to ensure the airworthiness of each aircraft registered within its jurisdiction. When an AD is issued by a State of Design, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements on aircraft registered in Australia.
In terms of compliance and consequences, breaching the requirements outlined in an AD can have serious implications. While specific penalties are not detailed in the provided text, it is clear that ADs carry a legal obligation that, if not adhered to, could result in both civil and criminal consequences. The seriousness of these consequences underscores the importance of adhering to ADs, which are designed to mitigate risks and ensure the safety of air navigation. CASA’s authority to issue and amend ADs, as seen in the amendment of AD/ELECT/11 to AD/ELECT/11 Amendment 1, further highlights the dynamic nature of airworthiness requirements and the ongoing commitment to maintaining safety standards.