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 2008-06-28 affecting primary flight displays manufactured by Avidyne Corporation. The United States is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/INST/56, which will become effective on 10 April 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, 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, enacted by the Australian Parliament, is a comprehensive piece of legislation designed to ensure the safety and efficiency of civil aviation in Australia. This Act provides the legal framework for the regulation of aviation safety, operations, and related matters. In addressing the gap in aviation safety oversight, the Act empowers the Governor-General to make regulations that support the Act's overarching goal of ensuring safe air navigation. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for various aircraft and aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft and ensuring compliance with international aviation standards, as mandated by the Convention on International Civil Aviation. The policy objective is to align Australia's aviation safety practices with international standards, ensuring both domestic and international safety protocols are met.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for civil aviation in Australia, with its safety regulations being instrumental in ensuring the continued airworthiness of aircraft and aeronautical products. Under section 98 of the Act, the Governor-General can make regulations in the interests of the safety of air navigation, including the issuance of airworthiness directives (ADs) via regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act applies to entities such as the Civil Aviation Safety Authority (CASA) which is mandated to issue ADs in response to continuing airworthiness issues identified by the State of Design or State of Registry. ADs, such as the Australian AD/INST/56 issued in response to the United States Federal Aviation Administration's AD 2008-06-28, are issued without public consultation due to their international obligations under the Convention on International Civil Aviation. The scope of the Act extends nationally, and the ADs are issued by CASA on behalf of the Commonwealth of Australia.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, authorises the Governor-General to make regulations that serve the safety of air navigation, including the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thus ensuring that the aircraft meet necessary safety standards. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place a responsibility on CASA to act on ADs issued by the State of Design, which in this case is the United States. The State of Design has the primary responsibility for ensuring the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that all aircraft registered in Australia comply with international safety standards. Additionally, the State of Registry must implement measures to maintain the airworthiness of individual aircraft.
Failure to comply with ADs can result in significant legal and operational consequences. Although the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives can generally lead to severe penalties under civil and criminal law. For instance, operating an aircraft that does not meet the requirements specified in an AD can result in fines or even imprisonment. The severity of the penalty may depend on the nature and extent of the non-compliance, as well as any resultant harm or risk posed to public safety.
The process of issuing ADs, particularly those in response to international directives, does not typically require public consultation. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This streamlined process is crucial for promptly addressing safety issues without undue delay. The AD in question was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is both legally sound and operationally effective.