CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-03-16 affecting Raytheon Model DH.125, HS.125 and BH.125 series aeroplanes; BAe.125 series 800 and 800B aeroplanes; and Hawker 800 and 800XP aeroplanes. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/HS 125/174, which will become effective on 14 April 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act grants the Governor-General the authority to make regulations for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments in accordance with the Legislative Instruments Act 2003, and they are aligned with international standards set out in Annex 8 to the Convention on International Civil Aviation. The policy objective of the Act is to ensure that the continuing airworthiness of aircraft is managed effectively, with the State of Registry responsible for individual aircraft and the State of Design providing necessary information for type certification. CASA issues Australian airworthiness directives in response to directives from the relevant State of Design, thereby fulfilling Australia's international obligations.
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 directives serve as legislative instruments to ensure the safety of air navigation, as mandated by Annex 8 to the Convention on International Civil Aviation. This legislation applies to aircraft registered within Australia and extends to the issuance of ADs by CASA when corresponding directives are issued by the State of Design, such as the United States in the case of the Raytheon and BAe aircraft series. The ADs are designed to maintain the continuing airworthiness of the aircraft, aligning with international standards and ensuring that Australian aviation safety regulations are met. This process is conducted in accordance with Australia's obligations under international conventions, and the ADs issued do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, particularly for the safety of air navigation. Regulation 39.001 further empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Importantly, subregulation 39.001(5) classifies an AD as a disallowable instrument, meaning it is subject to parliamentary disallowance procedures, and under the Legislative Instruments Act 2003, it is recognised as a legislative instrument. This legislative basis ensures that ADs are formally created and have legal standing.
The obligations imposed by the Civil Aviation Regulations 1998 on parties governed by ADs are significant. The State of Design, which is responsible for the initial airworthiness of a type of aircraft, must provide necessary information to States of Registry to ensure continuing airworthiness. The State of Registry, in this case, Australia, is responsible for implementing and enforcing these requirements on individual aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements. This ensures that all aircraft registered in Australia comply with the safety standards mandated by the ADs.
Failure to comply with the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a specified maximum amount, as prescribed under the regulations. Criminal penalties can be more severe, with potential fines and imprisonment for individuals found guilty of non-compliance. These penalties underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.
The legislative framework ensures that ADs are issued in accordance with international obligations under the Convention on International Civil Aviation, also known as the Chicago Convention. Given that ADs are a common form of continuing airworthiness information among ICAO Contracting States, Australia’s process for issuing ADs aligns with global practices. When the United States Federal Aviation Administration (FAA) issued AD 2005-03-16, affecting certain aircraft types, CASA assessed this directive and issued Australian AD/HS 125/174 to enforce the same safety requirements in Australia. This process highlights the interconnected nature of international aviation safety standards and the importance of harmonising regulatory measures across different jurisdictions.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for issuing and enforcing airworthiness directives. These legal instruments outline the roles and responsibilities of the State of Design and the State of Registry, with CASA acting as the enforcement authority in Australia. The potential penalties for non-compliance with ADs serve as a deterrent, ensuring that all stakeholders adhere to the mandated safety standards.