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 2006-04-13 R1, affecting Gulfstream Model GIV-X and GV-SP aircraft. The United States is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD, AD/G1159/45 Amendment 1, which will become effective on 8 May 2006. 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, 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, aims to ensure the safety and efficiency of civil aviation in Australia. It provides the legislative framework within which the Civil Aviation Safety Regulations 1998 are established. These regulations, among other things, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. An AD is a legislative instrument that is subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. In accordance with international standards under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design, such as the United States for certain aircraft types, by assessing the information and issuing an Australian AD as appropriate. This ensures compliance with international obligations and maintains safety standards within Australia's aviation sector.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 apply to all entities and individuals involved in the design, manufacture, maintenance, and operation of aircraft within Australia, ensuring compliance with safety standards as mandated by the Civil Aviation Act 1988. This encompasses various types of aircraft and aeronautical products, and is enforced by the Civil Aviation Safety Authority (CASA). The scope extends nationally, with CASA acting as Australia's national airworthiness authority to implement and enforce these regulations. Exemptions or thresholds are not explicitly detailed in the provided text, but the issuing of airworthiness directives (ADs) is subject to the provisions of Annex 8 to the Convention on International Civil Aviation, which emphasises the responsibility of the State of Design and State of Registry in ensuring continuing airworthiness. The application of these regulations may be further extended or restricted through subordinate instruments, such as the specific ADs issued by CASA in response to international directives.
Key Provisions
The main operative sections of this legislation involve the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. As per section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make these regulations for the safety of air navigation. This includes the issuance of ADs for specific types of aircraft or aeronautical products, as per subregulation 39.001(5). It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this legislation are significant, particularly for the State of Registry of an aircraft. The State of Registry, which in the context of Australia is the Civil Aviation Safety Authority (CASA), must ensure the continuing airworthiness of aircraft. This includes the assessment of ADs issued by the State of Design—the country responsible for the design of the aircraft—and the subsequent issuance of Australian ADs if deemed necessary. For example, in the case of Gulfstream Model GIV-X and GV-SP aircraft, the United States, as the State of Design, issued an AD which CASA assessed and then converted into an Australian AD, AD/G1159/45 Amendment 1.
In terms of offences and penalties, the legislation does not explicitly state penalties for non-compliance with ADs. However, non-compliance with ADs can lead to severe consequences, including potential aircraft accidents and safety breaches. The issuance of ADs, especially in response to international obligations under the Convention on International Civil Aviation, underscores the importance of adhering to these directives to maintain safety standards. Failure to comply with ADs may also result in enforcement actions by CASA, potentially leading to legal consequences for the non-compliant party.
The legislative process for issuing ADs in Australia is also outlined in the text. The AD is issued by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, as per subsection 84A(2) of the Act. This highlights the structured and authorised nature of the process, ensuring that ADs are issued in a manner consistent with Australia's obligations under international civil aviation agreements. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement, simplifying the process while maintaining the necessary oversight and compliance with international standards.