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 2006-11-07 affecting Raytheon Model Hawker 800XP type aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/HS 125/180, which will become effective on 3 August 2006.
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 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 establish a legislative framework for the regulation of civil aviation in Australia, addressing the need for a cohesive and comprehensive legal structure to ensure the safety, efficiency, and orderly growth of civil aviation. The Act empowers the Governor-General to create regulations that safeguard air navigation, including the issuance of airworthiness directives under section 98. In alignment with international standards set by the Convention on International Civil Aviation, the Act mandates that states assume responsibility for the continuing airworthiness of aircraft, with Australia's Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. The Civil Aviation Safety Regulations 1998 further elaborate on these responsibilities by allowing CASA to issue airworthiness directives for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001. This legislative instrument is designed to ensure compliance with international obligations and maintain the highest safety standards in Australian civil aviation.
The issuing of Airworthiness Directive (AD)/HS 125/180 by CASA on 3 August 2006, in response to the United States Federal Aviation Administration's AD 2006-11-07 for the Raytheon Model Hawker 800XP type aircraft, exemplifies the Act's application. This directive is a direct consequence of Australia's commitment to the Convention on International Civil Aviation and its adherence to the continuing airworthiness responsibilities outlined by the State of Design. As such, the AD was issued without public consultation, as it was deemed not to require a Regulatory Impact Statement, and was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office on behalf of CASA. This process underscores the importance of international cooperation and the role of CASA in ensuring the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under regulation 39.001, CASA has the authority to mandate ADs for particular types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The scope of these ADs applies to aircraft registered in Australia and is influenced by international standards set by the International Civil Aviation Organization (ICAO) as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues these directives, and CASA, as Australia’s national airworthiness authority, evaluates and, if necessary, issues corresponding Australian ADs to enforce these requirements. This process ensures that all aircraft operating in Australia meet the necessary safety standards set by both national and international regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered legislative instruments due to their disallowable nature as per section 46A of the Acts Interpretation Act 1901. They play a critical role in ensuring the continuing airworthiness of aircraft, a responsibility shared by both the State of Design and the State of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with providing necessary information to maintain airworthiness, while the State of Registry, in this case CASA, must assess and implement these directives to ensure compliance with safety standards.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to act on ADs issued by the State of Design, such as the United States for the Raytheon Model Hawker 800XP type aircraft. CASA must thoroughly assess the information provided and, if necessary, issue an Australian AD to enforce the directives. This ensures that Australian-registered aircraft meet international safety standards. Additionally, the State of Registry must develop or adopt specific requirements to maintain the airworthiness of aircraft on its registry, reflecting its duty to ensure that all aircraft are safe for operation.
Failure to comply with the ADs can lead to significant consequences. The Civil Aviation Act 1988 outlines potential civil and criminal penalties for non-compliance with airworthiness directives. The specific penalties can vary, but they may include fines and, in severe cases, imprisonment. The exact penalties are determined by the severity of the breach and the potential risk posed to public safety. The Civil Aviation Safety Regulations 1998 further detail these consequences, ensuring that any violations are addressed promptly and effectively to uphold aviation safety standards.
The issuing process of ADs, as described, does not require public consultation or a Regulatory Impact Statement, as these directives are grounded in international obligations and are directly in response to safety concerns raised by the State of Design. This streamlined approach ensures that safety measures are implemented without unnecessary delays, thereby protecting the public from potential hazards. The ADs are issued by authorised personnel within CASA, in compliance with the legislative framework, to ensure that all regulatory actions are taken within the bounds of the law.