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 FAA has issued AD 2008-02-06 affecting Garmin International GSM 85 Servo Gearbox Units. The FAA is the State of Design for these appliances. CASA has assessed this AD and has issued Australian AD/INST/55, which will become effective on 26 February 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies, 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 provide a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act grants the Governor-General the authority to make regulations necessary for the safety of air navigation, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products, thereby ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is tasked with assessing and issuing ADs that mandate the requirements of the relevant State of Design, thereby maintaining the continuing airworthiness of aircraft registered in Australia. This process underscores Australia’s commitment to international safety standards while ensuring the safety of air navigation within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to maintain airworthiness standards. Such ADs are considered legislative instruments under the Legislative Instruments Act 2003 and must align with the requirements outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country responsible for the design of the aircraft or aeronautical product, has the primary responsibility for ensuring continuing airworthiness, and the State of Registry, where the aircraft is registered, must enforce these requirements. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and issues Australian ADs when necessary. For instance, following the issuance of AD 2008-02-06 by the Federal Aviation Administration (FAA) concerning Garmin International GSM 85 Servo Gearbox Units, CASA issued Australian AD/INST/55. Given that this AD is a response to international obligations and requirements from the relevant State of Design, it does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (sections 98 and others) empowers the Governor-General to create regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These ADs are legislative instruments that must adhere to the requirements of the Legislative Instruments Act 2003 (section 6) and are disallowable under the Acts Interpretation Act 1901 (section 46A). Annex 8 of the Convention on International Civil Aviation mandates that the State of Design, the country where the aircraft is designed, must ensure the continuing airworthiness of the aircraft type and provide necessary information to States of Registry. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
Under these regulations, CASA, as Australia's national airworthiness authority, is required to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. For example, the Federal Aviation Administration (FAA) issued AD 2008-02-06 concerning Garmin International GSM 85 Servo Gearbox Units, which CASA assessed and subsequently issued as Australian AD/INST/55, effective from 26 February 2008. Since this AD is a response to international obligations and an AD issued by the FAA, the State of Design, no consultation with the Australian public was required. Additionally, the Office of Regulatory Review determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Acting Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Entities governed by these regulations, particularly aircraft operators and maintenance organisations, must comply with the requirements set out in ADs. This includes following any specified maintenance actions, inspections, or modifications to ensure the continuing airworthiness of the aircraft. Failure to adhere to these directives can result in serious safety risks and may lead to enforcement actions by CASA. The Act and regulations also outline various offences and penalties for non-compliance, which can include substantial fines and, in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach but are intended to enforce strict compliance with safety standards.