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 United States FAA has issued AD 2005-12-06 affecting Teledyne Continental Ignition Systems (formerly Bendix) S-20, S-1200, D-2000 and D-3000 model magnetos. The United States is the State of Design for these magnetos. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/68 and issued AD/ELECT/75. The cancellation will become effective on 1 September 2005.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, is the primary piece of legislation governing civil aviation in Australia. It provides a legislative framework for ensuring the safety and efficiency of civil aviation within the country. This Act, in conjunction with the Civil Aviation Safety Regulations 1998, addresses the need for stringent regulatory oversight to maintain high standards of airworthiness and safety. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products. The objective is to ensure that all aircraft meet the necessary safety standards, thereby protecting public safety and maintaining the integrity of the aviation system. This is achieved by aligning Australia's regulatory practices with international standards set by the International Civil Aviation Organization (ICAO), ensuring a consistent approach to airworthiness and safety across the global aviation community.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation within the nation. The Act authorises the Governor-General to make regulations that serve the interests of air navigation safety, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives, being disallowable instruments under the Acts Interpretation Act 1901, fall under the purview of the Legislative Instruments Act 2003 as legislative instruments. The ADs are aligned with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, evaluates this information and may issue Australian ADs to enforce the State of Design’s requirements, ensuring compliance with international standards. The scope of this Act applies to all persons, entities, and industries involved in civil aviation, including aircraft manufacturers, operators, and regulatory authorities, and extends to all aircraft registered in Australia. No consultation with the Australian public is required for such ADs, and they do not necessitate a Regulatory Impact Statement. The ADs are issued by CASA under the authority granted by the Civil Aviation Act 1988, ensuring the safety and airworthiness of aircraft operating within Australian jurisdiction.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) (sections 98, 39.001). Under these provisions, the Governor-General may create regulations for the safety of air navigation, and the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and further defined in section 6 of the Legislative Instruments Act 2003. The State of Design for a particular aircraft type bears the responsibility for ensuring its continuing airworthiness, and must supply necessary information to the States of Registry, which must then develop or adopt requirements to maintain the airworthiness of the aircraft.
Entities governed by the Act, including CASA, have specific obligations under these regulations. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and determine if an Australian AD is necessary. In this instance, CASA assessed the United States Federal Aviation Administration's AD 2005-12-06 for Teledyne Continental Ignition Systems and subsequently issued Australian AD/ELECT/75, cancelling the previous AD/ELECT/68. The State of Registry must ensure that the aircraft on its register comply with any applicable ADs, and CASA ensures that Australian ADs are issued in line with international obligations under the Convention on International Civil Aviation.
Breach of the obligations under these regulations can lead to civil or criminal consequences. While the Act does not explicitly state penalties for non-compliance with ADs, failure to adhere to an AD could be seen as a breach of the airworthiness requirements, potentially leading to enforcement actions by CASA. Such actions could include fines, suspension of airworthiness certificates, or other regulatory sanctions. The severity of these penalties would depend on the specific circumstances of the breach and the potential risk to safety posed by non-compliance.