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 2006-18-13 affecting Gulfstream GV and GV-SP model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/G1159/48, which will become effective on2 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, enacted by the Commonwealth Parliament, addresses the overarching regulation and safety of civil aviation within Australia. This Act provides the legislative framework for the issuance of regulations that ensure the safety of air navigation, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further detail the requirements for ADs, empowering the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. These directives are critical in maintaining the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. The ADs serve as a mechanism to mandate safety requirements derived from the State of Design and ensure that these are enforced within the Australian context. The process does not require public consultation or a Regulatory Impact Statement, as it pertains to international obligations and the enforcement of safety standards set by the relevant State of Design.
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 specific types of aircraft or aeronautical products. These ADs serve to ensure the ongoing airworthiness of aircraft and are issued pursuant to the Civil Aviation Act 1988, which mandates the safety of air navigation. The authority to issue these directives is grounded in international obligations under the Convention on International Civil Aviation, specifically Annex 8, which allocates responsibility for the continuing airworthiness of aircraft types to the State of Design and requires them to provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing ADs issued by the State of Design and subsequently issuing Australian ADs if appropriate, thereby mandating compliance with the safety requirements. The issuance of ADs is governed by the Legislative Instruments Act 2003, which classifies ADs as disallowable instruments under the Acts Interpretation Act 1901. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to maintain the safety and airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that Australia adheres to international standards as outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the continuing airworthiness of aircraft types.
The obligations imposed by the Civil Aviation Act 1988 and the associated regulations require the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types. In turn, the State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the ongoing airworthiness of aircraft within their jurisdiction. For example, when the United States, as the State of Design, issues an AD for Gulfstream GV and GV-SP model aircraft, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design.
Under the Civil Aviation Safety Regulations 1998, an airworthiness directive is a disallowable instrument, meaning it can be reviewed and disallowed by Parliament if necessary. The ADs are issued in accordance with international obligations and do not require public consultation or a Regulatory Impact Statement. The process involves CASA officials, such as the Acting Manager, New Technologies and Systems, who issue these directives under the authority granted by the Act.
Failure to comply with an airworthiness directive can result in severe consequences, both civil and criminal. Civil penalties can include fines and other monetary penalties, while criminal penalties may include imprisonment, depending on the severity of the breach. The specific maximum penalties are not detailed in the provided text, but they are generally outlined in other sections of the Civil Aviation Act 1988 and related regulations. Ensuring compliance with ADs is critical for maintaining the safety and airworthiness of aircraft, which is paramount for both national and international aviation standards.