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 Israeli CAA has issued AD 85-001 R3 affecting Israeli Aircraft Industries 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/9, Amendment 3, which will become effective on 10 April 2008. This AD cancels and replaces the previous issue.
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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of air navigation in Australia. The Act empowers the Governor-General to make regulations, including issuing airworthiness directives to safeguard the safety of air navigation, as stated under section 98. The Civil Aviation Safety Regulations 1998 further detail the process for issuing such directives, with regulation 39.001 authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under the Acts Interpretation Act 1901. In response to international obligations outlined in Annex 8 of the Convention on International Civil Aviation, CASA assesses and issues corresponding Australian airworthiness directives when the State of Design issues directives for aircraft types registered in Australia. This process ensures that Australia adheres to global standards for aircraft safety and airworthiness.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives serve as legislative instruments and are essential in ensuring the safety and continuing airworthiness of aircraft registered in Australia. Such ADs are issued under the broader mandate of the Act to promote the safety of air navigation. While the State of Design bears the primary responsibility for the continuing airworthiness of aircraft types, the State of Registry, in this case, Australia, must adopt or develop requirements to ensure compliance with these international standards. The issuance of ADs by CASA is thus a direct response to similar directives from the State of Design, in this instance, Israel, and is intended to mandate specific safety requirements as stipulated by the originating AD. This AD, being a legislative instrument, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as they pertain to airworthiness directives, are primarily found in section 98. This section empowers the Governor-General to make regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, further specify that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for certain types of aircraft or aeronautical products. It is important to note that these directives, as indicated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these regulations focus on ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of a particular aircraft type and must provide necessary information to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the ongoing airworthiness of the aircraft registered within its jurisdiction. In the context of Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian airworthiness directive to enforce the requirements set forth by the State of Design.
The consequences of breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can be severe. While the specific penalties for breaches are not detailed in the text provided, it is known that non-compliance with airworthiness directives can lead to significant safety risks, potentially resulting in both civil and criminal liabilities. The severity of the penalties would depend on the nature and extent of the breach, but could include substantial fines or imprisonment, reflecting the critical importance of adhering to airworthiness standards to ensure public safety in aviation.
Additionally, the process of issuing an airworthiness directive, such as AD/IAI-W/9, Amendment 3, is streamlined due to Australia’s obligations under the Convention on International Civil Aviation and the issuance of corresponding directives by the relevant State of Design. In such cases, there is no requirement for public consultation, and the Office of Best Practice Regulation has determined that these directives do not necessitate a Regulatory Impact Statement. The issuance of such directives is conducted by authorised personnel within CASA, in accordance with the specific provisions of the Act.