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 2009-17-01 affecting Gulfstream G-IV and
G-V series aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/G1159/51 which will become effective on 26 August 2009.
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 Technology and Regulatory Trends, in the Airworthiness and 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 legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98, which facilitates the creation of safety-oriented rules and directives. The Civil Aviation Safety Regulations 1998 further elaborate on these powers, particularly through regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. This authority is exercised in alignment with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with ensuring the continuing airworthiness of an aircraft type, necessitating the dissemination of pertinent information to relevant States of Registry. CASA, as Australia’s national airworthiness authority, is obligated to evaluate such directives and, when necessary, issue corresponding Australian ADs to enforce the design state’s requirements. This process is exemplified by CASA’s issuance of Australian AD/G1159/51 in response to the United States Federal Aviation Administration's AD 2009-17-01 concerning Gulfstream G-IV and G-V series aircraft. The AD was made under the authority granted by section 84A(2) of the Act and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under the Acts Interpretation Act 1901. This regulatory framework is integral to ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. ADs are issued in response to safety concerns identified by the aircraft's State of Design, with CASA assessing the necessity to issue corresponding Australian ADs to mandate the required safety measures. The ADs are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. 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 serve as critical instruments for maintaining the continuing airworthiness of aircraft and are subject to disallowance under section 46A of the Acts Interpretation Act 1901, categorising them as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia’s national airworthiness authority, must assess any airworthiness directives issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards. The State of Registry is required to develop or adopt specific requirements to ensure the continuing airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation. This international framework assigns the State of Design the overarching responsibility for continuing airworthiness of an aircraft type and mandates it to provide necessary information to the States of Registry.
Failure to comply with the ADs can result in significant civil and criminal consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 stipulate penalties for non-compliance, which may include fines and imprisonment. For instance, non-compliance with an airworthiness directive can lead to a fine of up to $275,000 for an individual or $1.375 million for a body corporate, as well as potential imprisonment for up to five years. These stringent measures underscore the importance of adhering to ADs to ensure aviation safety.