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 2007-07-12 affecting Honeywell NZ-2000 and IC-800 navigation computers. The United States is the State of Design for these equipments. CASA has assessed this AD and has issued Australian AD/FMS/3, which will become effective on 18 April 2007.
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, New Technologies and Systems, 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 Australian Parliament, was introduced to regulate civil aviation within Australia and ensure the safety and efficiency of air navigation. This legislation empowers the Governor-General to create regulations that serve the interests of aviation safety, as exemplified by the Civil Aviation Safety Regulations 1998. The latter, in turn, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Acts Interpretation Act 1901, serve as critical tools in maintaining the continuing airworthiness of aircraft as mandated by international standards under the Convention on International Civil Aviation. CASA's role is to assess and, if necessary, issue Australian ADs in response to directives from the State of Design, ensuring compliance with international obligations and maintaining safety standards within Australia's aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft and aeronautical products, thereby ensuring adherence to safety standards. The issuance of such directives is mandated by Australia’s commitments under the Convention on International Civil Aviation, with specific obligations falling on the State of Design to provide information necessary for maintaining airworthiness. The State of Registry, CASA in this case, is responsible for assessing this information and, if necessary, issuing corresponding Australian ADs to enforce the requirements set forth by the State of Design. For instance, in response to the United States Federal Aviation Administration’s AD 2007-07-12 affecting Honeywell NZ-2000 and IC-800 navigation computers, CASA issued Australian AD/FMS/3, effective from 18 April 2007. This legislative process does not require public consultation or a Regulatory Impact Statement, as it is directly linked to international civil aviation agreements and the statutory mandate of CASA as Australia’s national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988, particularly 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 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments as per the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which is responsible for the aircraft type, must provide necessary information to ensure the aircraft's continuing airworthiness. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the aircraft's continuing airworthiness. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. For instance, the United States Federal Aviation Administration (FAA) issued AD 2007-07-12 affecting Honeywell NZ-2000 and IC-800 navigation computers, which CASA assessed and subsequently issued as Australian AD/FMS/3.
Entities governed by the Act must adhere to the continuing airworthiness requirements set out in the ADs issued by CASA. This includes ensuring that aircraft comply with the mandated safety standards and that any required maintenance or modifications are carried out promptly. The obligations extend to aircraft operators, maintenance providers, and other relevant parties who must follow the directives to maintain the safety and airworthiness of the aircraft. Failure to comply with these directives can result in serious safety risks, including potential accidents or incidents.
Non-compliance with ADs can lead to significant consequences, both civil and criminal. Under section 156 of the Civil Aviation Act 1988, a person who contravenes a provision of the Act, including ADs, may be subject to civil penalties. The maximum penalty for each contravention can be up to $202,500 for individuals and $1,012,500 for bodies corporate, as stipulated in section 156(2) and (3). Additionally, under section 157, CASA may take enforcement actions such as grounding the aircraft, suspending or revoking a licence, or taking other appropriate measures. Criminal penalties may also apply, including fines and imprisonment, if the contravention involves reckless or negligent behaviour that results in serious harm.