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 issued AD 2005-12-06, affecting magnetos manufactured by Teledyne Continental Ignition Systems, in 2005. The United States is the State of Design for this equipment. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the applicability. The amended AD, AD/ELECT/75 Amendment 1, will become effective on 1 September 2005. 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 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 establish a comprehensive regulatory framework for the safety and efficiency of civil aviation in Australia, addressing the need for consistent and effective governance in this sector. It empowers the Governor-General to make regulations, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective is to ensure the safety of air navigation, which is also in line with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8. This legislative framework allows CASA to issue airworthiness directives in response to directives from the State of Design, thereby ensuring the continuing airworthiness of aircraft registered in Australia. The issuing of these directives is mandated by Australia's commitments to international civil aviation standards and does not typically require public consultation due to its nature as a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of 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 ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated as such under the Legislative Instruments Act 2003. The ADs are primarily concerned with ensuring the continuing airworthiness of aircraft, aligning with obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with overarching responsibility for the airworthiness of an aircraft type and the State of Registry with responsibility for the individual aircraft’s airworthiness. When a 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. This process ensures compliance with international standards and facilitates uniformity in safety regulations across jurisdictions. Notably, no public consultation is required for these ADs, and they do not necessitate a Regulatory Impact Statement, given their alignment with international obligations and the nature of the legislative process involved.
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. In line with this provision, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are further classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are twofold. Firstly, the State of Design, which is the country where the aircraft or aeronautical product was designed, has the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing any necessary information to ensure the continuing airworthiness to the appropriate State of Registry. Secondly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design.
Breaches of the obligations or requirements set forth in the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. While specific penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with ADs could lead to enforcement actions by CASA. These actions might include fines, suspension or revocation of airworthiness certificates, or other administrative penalties. Furthermore, serious breaches that result in harm or endangerment of safety could potentially lead to criminal charges under other sections of the Civil Aviation Act 1988 or related legislation. The severity of penalties would depend on the nature and impact of the non-compliance.