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 2006-11-03 Amdt 39-14607 dated 15 May 2006 affecting Gulfstream V series aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/G1159/49, which will become effective on 30 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 Parliament of Australia, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The Act empowers the Governor-General to make regulations for these purposes, and it designates the Civil Aviation Safety Authority (CASA) as the national authority responsible for enforcing these regulations. Under the Civil Aviation Safety Regulations 1998, CASA has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance, as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to implement Australia's obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. In the case of the Gulfstream V series aircraft, CASA issued an Australian AD following an assessment of a corresponding directive from the United States Federal Aviation Administration (FAA), which is the State of Design for these aircraft. The AD was issued without public consultation, as it directly responds to international obligations and the issuing State of Design.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of these entities. The application of these ADs extends to all aircraft registered in Australia, irrespective of the type or size, and encompasses both domestic and international flights originating from or terminating in Australia. The ADs are legislative instruments, as stipulated under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and are issued in accordance with Australia's obligations under the Convention on International Civil Aviation. In particular, ADs are mandated when a State of Design issues such directives for aircraft types registered in Australia, requiring CASA to assess and potentially issue corresponding Australian ADs. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and they are issued by CASA under the authority granted by the Act.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations that are essential for ensuring the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as defined under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. In compliance with Annex 8 of the Convention on International Civil Aviation, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry to maintain the airworthiness of the aircraft. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Under these provisions, when a State of Design issues an AD, such as the one issued by the United States for Gulfstream V series aircraft, CASA must assess this information and, if necessary, issue a corresponding Australian AD. This is exactly what happened with AD 2006-11-03 Amdt 39-14607 issued by the United States Federal Aviation Administration (FAA) on 15 May 2006, which CASA assessed and subsequently issued as Australian AD/G1159/49. This Australian AD will become effective on 30 August 2007. Given that this AD is issued in response to an international obligation and the equivalent AD from the State of Design, there was no consultation of the Australian public required, and a Regulatory Impact Statement was not deemed necessary by the Office of Regulatory Review. The AD was made by the Acting Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
The obligations imposed by these provisions require CASA to carefully assess any ADs issued by the State of Design and, if necessary, mandate these requirements for Australian-registered aircraft through the issuance of Australian ADs. This ensures that all aircraft registered in Australia meet the safety standards set forth by the State of Design and comply with international safety requirements. Failure to adhere to these ADs can result in significant civil and criminal consequences, including fines and imprisonment, as well as potential civil liability for any damages resulting from non-compliance. The exact penalties are determined by the severity of the breach and the specific regulations under which the AD was issued.