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 New Zealand CAA has issued AD DCA/FU24/176C affecting Airparts (NZ)
FU-24 aircraft. New Zealand is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/FU24/64, which will become effective on 8 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, 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 legal framework governing civil aviation in Australia, focusing on safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, ensuring that safety standards are met. Specifically, under section 98, the Civil Aviation Safety Regulations 1998 were introduced to support the Act's objectives. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901. These ADs are essential for maintaining the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 of the Convention on International Civil Aviation. The policy objective is to ensure that Australia's aviation safety standards are consistent with international obligations and to mandate the necessary requirements to maintain the airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation, as authorised by section 98 of the Civil Aviation Act 1988. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The issuance of ADs is in accordance with Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of an aircraft type to the State of Design and mandates that the State of Registry must ensure the continuing airworthiness of individual aircraft. Consequently, when an AD is issued by the State of Design, such as New Zealand in this case, CASA must assess and, if appropriate, issue an Australian AD. This process was followed with the New Zealand AD DCA/FU24/176C affecting Airparts (NZ) FU-24 aircraft, which CASA has assessed and issued as Australian AD/FU24/64, effective from 8 November 2007. Given the international obligations and the nature of ADs, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, pertain primarily to the issuance and enforcement of airworthiness directives (ADs) (sections 98 and 39.001). These provisions enable the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are legislative instruments that must align with the requirements set out in Annex 8 of the Convention on International Civil Aviation, which details the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. For example, CASA has issued Australian AD/FU24/64 following the New Zealand Civil Aviation Authority's AD DCA/FU24/176C for Airparts (NZ) FU-24 aircraft, demonstrating how international cooperation is embedded in these provisions.
The obligations and requirements imposed by the Act and the Regulations are multifaceted. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must assess this information and, if appropriate, issue corresponding ADs. These directives are imperative for ensuring that aircraft meet safety standards and that the continuing airworthiness is maintained. For instance, CASA's assessment and subsequent issuance of Australian AD/FU24/64 reflects this obligation. Additionally, these regulations require that such ADs comply with international standards set by ICAO and be issued without public consultation or a Regulatory Impact Statement when they are in response to international obligations or directives from the State of Design.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish various offences and penalties for non-compliance with ADs. Any person who contravenes an AD or fails to comply with the requirements of an AD can face significant consequences. Under section 12 of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence and is liable to a penalty of up to $21,000 for an individual and $105,000 for a body corporate. Furthermore, persistent non-compliance may lead to more severe civil or criminal consequences, including potential criminal charges that could result in imprisonment, reflecting the critical importance of adhering to these safety directives. The stringent penalties underscore the necessity of compliance to maintain the highest safety standards in air navigation.