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 2002-06-05 affecting Rockwell Collins
621A-3 model air traffic control transponders. The United States is the State of Design for this equipment. CASA has reviewed this AD and as a result has cancelled Australian AD/GENERAL/83. The cancellation will become effective on 30 August 2007. No replacement AD is required, as the original unsafe condition has been corrected and all affected transponders are now in compliance.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations, such as those detailed in the Civil Aviation Safety Regulations 1998, to further the objectives of the Act. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments designed to mandate safety requirements for aircraft and aeronautical products. These directives are essential in maintaining the continuing airworthiness of aircraft as stipulated by international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective underpinning these regulations is to align Australia's aviation safety practices with international standards, ensuring the highest levels of safety in air navigation.
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 mandate safety measures and ensure the continuing airworthiness of aircraft in compliance with international standards set forth by the International Civil Aviation Organization (ICAO). The ADs are issued under the authority of the Civil Aviation Act 1988, with the aim of maintaining safety in air navigation. These regulations apply to all aircraft registered in Australia and, by extension, to entities and individuals who operate these aircraft within Australian jurisdiction. Geographically, the Act applies across the Commonwealth of Australia, with CASA acting as the national airworthiness authority to implement and enforce these directives. The Act does not specify exclusions or thresholds for the issuance of ADs but relies on the assessment of safety risks by CASA in consultation with the relevant State of Design. The application of these regulations is further extended through subordinate instruments, which may detail specific procedures or additional requirements pertinent to particular aircraft or aeronautical products.
Key Provisions
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, includes provisions that allow for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Act enables the Governor-General to make regulations for air safety, while regulation 39.001 under the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in line with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act and its regulations require CASA to ensure the continuing airworthiness of aircraft on the Australian Register. The State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for the continuing airworthiness of that aircraft type and must provide any necessary information to States of Registry. These States of Registry, including Australia, must then develop or adopt requirements to ensure the aircraft's ongoing airworthiness. When the State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Act and accompanying regulations also establish specific consequences for non-compliance with airworthiness directives. While the text does not explicitly detail penalties for non-compliance, the issuance and enforcement of ADs are critical mechanisms for maintaining air safety, and failure to adhere to these directives could result in severe safety risks, including potential legal and regulatory repercussions for non-compliant aircraft operators. The cancellation of Australian AD/GENERAL/83, as a response to an AD from the United States, illustrates the process by which CASA ensures compliance with international safety standards, without necessitating public consultation or a Regulatory Impact Statement due to the nature of the directive.