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 2005-09-03 affecting Raytheon Hawker model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/HS 125/175, which will become effective on 1 June 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 legislative framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, with a key component being the issuance of airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments that mandate the continuing airworthiness of aircraft types, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation (Safety Authority) Act 1990, through the Civil Aviation Safety Authority (CASA), acts as Australia's national airworthiness authority, responsible for assessing and implementing ADs issued by the States of Design, such as the United States Federal Aviation Administration (FAA), and mandating them for aircraft registered in Australia. This mechanism ensures that Australian aviation adheres to international safety standards, as exemplified by the issuance of Australian AD/HS 125/175 in response to the United States FAA's AD 2005-09-03 for Raytheon Hawker model aircraft.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives in Australia, ensuring the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry, which in Australia's case is CASA. The issuance of an Australian AD is often a response to an AD issued by the aircraft's State of Design, as per international conventions such as Annex 8 to the Convention on International Civil Aviation. For instance, in response to an AD issued by the United States Federal Aviation Administration for the Raytheon Hawker model aircraft, CASA issued Australian AD/HS 125/175. Given that this AD was issued in compliance with international obligations and does not require consultation with the Australian public, it was drafted by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as it pertains to the issuance of airworthiness directives (ADs), involve sections that empower the Governor-General to create regulations in the interest of air navigation safety (s. 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Importantly, under subregulation 39.001(5), these ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and as such, they are legislative instruments (s. 6, Legislative Instruments Act 2003). This regulatory framework ensures that ADs are formal, legally binding instruments designed to maintain the continuing airworthiness of aircraft.
The obligations imposed on the parties governed by this legislation are multifaceted. The State of Design, in this context the United States for the Raytheon Hawker model aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type, including providing necessary information to the States of Registry. This is in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its registry. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the requirements. This process ensures that international safety standards are adhered to and effectively implemented within the Australian aviation sector.
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach of ADs within the text provided. However, it is reasonable to infer that non-compliance with ADs could potentially lead to serious safety violations and thus might attract both civil and criminal penalties under broader aviation safety regulations. Such penalties could include fines, suspension or revocation of airworthiness certificates, and other enforcement actions that align with the overarching safety objectives of the Civil Aviation Act 1988. The regulatory framework is designed to ensure that ADs are taken seriously and adhered to rigorously to maintain the highest standards of aviation safety.