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 US FAA has issued AD 2006-12-08 affecting Goodyear emergency evacuation equipment fitted to Airbus model A330 and A340 model aircraft. The USA is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/EMY/34, which will become effective on 31 August 2006.
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 civil aviation in Australia, ensuring the safety and efficiency of air navigation and the continuing airworthiness of aircraft. This Act allows the Governor-General to make regulations that support the Act's objectives, particularly concerning the safety of air navigation. As part of this legislative framework, the Civil Aviation Safety Regulations 1998 were established to further delineate the safety requirements, including the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments that mandate safety measures and are issued by the Civil Aviation Safety Authority (CASA) in response to international standards set by the Convention on International Civil Aviation. This legislation ensures that Australia meets its international obligations under the Convention and maintains the highest standards of aviation safety domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. This authority is exercised to ensure the safety of air navigation and aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that States of Design provide necessary information to States of Registry to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess this information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design. This process ensures that the ADs issued are in line with international standards and are effectively implemented within Australia’s jurisdiction. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and thus subject to the Legislative Instruments Act 2003. The ADs do not necessitate public consultation or a Regulatory Impact Statement as they are responses to international obligations and assessments of foreign ADs.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) include section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Moreover, subregulation 39.001(5) designates ADs as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. These provisions establish the legal framework for CASA to issue ADs to ensure the continuing airworthiness of aircraft.
The obligations imposed by the Act and the Regulations on the parties or entities governed by them are multifaceted. The State of Design, which is the country responsible for designing the aircraft or aeronautical product, is mandated to provide necessary information to ensure the continuing airworthiness of the aircraft type. 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. CASA, as Australia's national airworthiness authority, has the duty to assess information from the State of Design and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Failure to comply with the ADs can result in severe consequences, both civil and criminal. While the specific penalties for non-compliance are not detailed in the provided text, generally, non-compliance with ADs can lead to enforcement actions by CASA, which may include fines, suspension or revocation of aircraft certificates, and other regulatory penalties. Additionally, if the non-compliance results in an accident or incident, it could lead to criminal charges under the Civil Aviation Act 1988, which could result in substantial fines and imprisonment. These consequences underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.