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 Israel CAA has issued AD 24-05-02-32 affecting 1124 and 1124A model aircraft. Israel is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/IAI-W/28 which will become effective on 20 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, enacted by the Australian Parliament, establishes the legislative framework for the regulation of civil aviation in Australia. It provides the Civil Aviation Authority of Australia (CASA) with the authority to issue airworthiness directives (ADs) to ensure the safety of air navigation, as mandated by Annex 8 to the Convention on International Civil Aviation. Under this Act, CASA can mandate specific requirements for the continuing airworthiness of aircraft types based on ADs issued by the State of Design, ensuring compliance with international standards and practices. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This particular legislation addresses the problem of ensuring the continuing airworthiness of aircraft by enabling CASA to issue Australian ADs in response to ADs from the State of Design, without the need for public consultation due to its international obligations.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure safety in air navigation. These ADs, as legislative instruments, are issued in response to international obligations and must be assessed and potentially mandated by CASA when originating from the State of Design, such as Israel in the case of the 1124 and 1124A model aircraft. The ADs are integral to maintaining the continuing airworthiness of aircraft and must be adopted by the State of Registry, which, in Australia's case, is CASA. The process of issuing ADs, particularly those mandated by international agreements like the Convention on International Civil Aviation, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This legislative framework ensures that CASA, as Australia’s national airworthiness authority, can effectively implement necessary safety measures in alignment with international standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the Act's purposes, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness for appropriate States of Registry. ADs are a common means of communicating continuing airworthiness information, issued by most ICAO Contracting States. The State of Registry of an individual aircraft, in this case CASA as Australia’s national airworthiness authority, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD, CASA must assess this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
As this particular AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design (Israel, for the 1124 and 1124A model aircraft), no consultation of the Australian public has taken place. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The AD was issued by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by the AD include compliance with the mandated requirements for the 1124 and 1124A model aircraft to ensure their continuing airworthiness. Failure to comply with these requirements can lead to various civil and criminal consequences. Specifically, under section 236 of the Civil Aviation Act 1988, there are provisions for civil penalties for breaches of ADs, which can include fines of up to $165,200 for individuals and $826,000 for corporations. Additionally, under section 237 of the Act, CASA has the authority to take enforcement actions, which may include grounding the aircraft, imposing operational restrictions, or revoking the aircraft’s certificate of airworthiness.