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 2001-14-16 affecting Gulfstream V aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/G1159/47, which will become effective on 2 August 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 Acting 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 was enacted to provide a legal framework for the safety and regulation of civil aviation within Australia. This Act enables the Governor-General to make regulations for the safety of air navigation, which is a critical function in maintaining the integrity of the civil aviation system. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which includes provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate compliance with safety standards to ensure the continuing airworthiness of aircraft. The ADs are issued in response to international obligations under the Convention on International Civil Aviation, which assigns responsibility for the airworthiness of aircraft types to their State of Design, while the State of Registry, such as Australia, is responsible for the continuing airworthiness of individual aircraft within its jurisdiction.
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) for specified types of aircraft or aeronautical products. These directives are made under regulation 39.001 and are considered disallowable instruments as per subregulation 39.001(5), classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. ADs play a crucial role in ensuring the continuing airworthiness of aircraft, with the State of Design having primary responsibility under Annex 8 of the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA must evaluate and, if necessary, issue corresponding Australian ADs to enforce these requirements within Australia. For example, following the issuance of United States FAA AD 2001-14-16 concerning Gulfstream V aircraft, CASA issued Australian AD/G1159/47, effective from 2 August 2007. Given the international nature of these directives and the absence of a requirement for public consultation or a Regulatory Impact Statement, the AD was issued by the Acting Manager, New Technologies and Systems, in CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the Act's purposes, specifically to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The ADs are integral to maintaining the continuing airworthiness of aircraft, with the State of Design holding primary responsibility as per Annex 8 to the Convention on International Civil Aviation. This state must supply any necessary information to the States of Registry to ensure the ongoing airworthiness of the aircraft type. The State of Registry, in turn, is tasked with developing or adopting requirements to guarantee the continuing airworthiness of the aircraft within their jurisdiction. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design.
In this instance, the United States Federal Aviation Administration (FAA) issued AD 2001-14-16 concerning Gulfstream V aircraft, with the United States acting as the State of Design. CASA has assessed this AD and issued Australian AD/G1159/47, which will take effect on 2 August 2007. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there has been no consultation with the Australian public on this matter. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Acting 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.
The Act imposes obligations on CASA to evaluate and, if necessary, issue Australian ADs to maintain compliance with international safety standards. The ADs carry significant authority and are legally binding, requiring compliance from aircraft operators and owners. Failure to comply with an AD can lead to severe civil and criminal consequences, including fines and imprisonment, as well as potential grounding of the aircraft until compliance is achieved. The penalties for non-compliance can be substantial, reflecting the critical nature of airworthiness directives in maintaining aviation safety.