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 US FAA has issued AD 2008-21-01 affecting Hawker Beechcraft BAe 125 Series 800A and Hawker Beechcraft Hawker 800XP model aircraft. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/HS 125/182, which will become effective on 22 October 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, 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 the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to make regulations in the interests of safety, with the Civil Aviation Safety Regulations 1998 being a primary instrument under this Act. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments used to maintain the continuing airworthiness of aircraft. The ADs are crucial for harmonising safety standards in line with international obligations under the Convention on International Civil Aviation, particularly those set forth in Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and mandates the sharing of necessary information with States of Registry. CASA, as Australia's national airworthiness authority, must act on these international directives to ensure compliance and safety within the Australian aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. This Act applies to all aircraft registered in Australia, irrespective of whether they are commercial or private, and extends to the entire Commonwealth of Australia. The issuance of ADs by CASA is mandated to maintain the airworthiness of aircraft and aeronautical products in accordance with international standards set by the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Notably, while ADs are issued to align with international obligations and to address safety concerns identified by the State of Design, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The issuance of these directives is a direct response to international airworthiness requirements, and CASA's role is to assess and, if necessary, issue corresponding Australian ADs to ensure compliance with both international and national safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are regulatory instruments intended to ensure the continuing airworthiness of aircraft and aeronautical products, with CASA acting as Australia's national airworthiness authority. Under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are classified as disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation require CASA to assess and, if necessary, issue Australian ADs in response to directives issued by the State of Design of an aircraft type. The State of Design has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. In turn, the State of Registry must ensure that the aircraft remains airworthy and may develop or adopt requirements to achieve this. When a State of Design issues an AD, CASA must evaluate this directive and issue a corresponding Australian AD if deemed necessary. For instance, the US Federal Aviation Administration (FAA) issued AD 2008-21-01 affecting certain Hawker Beechcraft models, leading CASA to issue Australian AD/HS 125/182.
Non-compliance with ADs can result in serious legal consequences. The Civil Aviation Act 1988 imposes significant penalties for breaches, including substantial fines and imprisonment. The exact penalties depend on the severity of the violation and are determined in accordance with the Act. Failure to adhere to airworthiness directives can compromise the safety of air navigation and may result in enforcement actions by CASA. The issuance of these directives, being part of Australia's obligations under the Convention on International Civil Aviation, does not require public consultation, and the Office of Best Practice Regulation has determined that they do not necessitate a Regulatory Impact Statement. The ADs are issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group at CASA, in compliance with subsection 84A(2) of the Act.