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 2009-09-09 affecting Cessna (formerly Lancair) LC40‑550FG, LC41-550FG and LC42-550FG model aircraft. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/LC40/3, which will become effective on 15 May 2009.
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, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety of air navigation within Australia. This Act empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types and aeronautical products. The policy objective of the Act is to ensure the safety and efficiency of civil aviation, aligning with international standards as stipulated by the Convention on International Civil Aviation. The ADs are legislative instruments that mandate compliance with safety requirements, ensuring the continuing airworthiness of aircraft registered in Australia, reflecting the shared responsibility between the State of Design and the State of Registry under Annex 8 of the Convention. CASA, as Australia's national airworthiness authority, issues these directives to fulfil Australia's international obligations and maintain the safety standards of aircraft operating within the country.
Scope and Application
The Civil Aviation Act 1988 applies to entities and individuals involved in civil aviation activities within Australia and its territories, focusing on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments that mandate safety requirements, and they extend the application of the Act by detailing specific actions that must be taken to maintain the airworthiness of aircraft. The ADs are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO) and are reflective of Australia’s obligations under the Convention on International Civil Aviation. While the issuance of these ADs is driven by international requirements and assessments, the application of the ADs within Australia is both comprehensive and jurisdictional, impacting all aircraft registered within the Australian Register. Notably, no public consultation is required for these ADs as they are in response to international directives, and they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and its accompanying regulations establish the framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003.
In accordance with Annex 8 to 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 the State of Registry to ensure this. The State of Registry, in this case CASA, must then assess the information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. For example, the US Federal Aviation Administration (FAA) has issued AD 2009-09-09 for Cessna LC40-550FG, LC41-550FG, and LC42-550FG models, with CASA subsequently issuing Australian AD/LC40/3, effective from 15 May 2009.
Issuing ADs under these regulations imposes several obligations on CASA. CASA must ensure that any AD issued aligns with international standards and practices as set out by the International Civil Aviation Organization (ICAO). Additionally, CASA must promptly assess and, if necessary, issue ADs in response to directives from the State of Design. This requires CASA to maintain up-to-date knowledge of international safety standards and the technical specifications of registered aircraft. CASA must also ensure that these directives are communicated effectively to aircraft operators and relevant stakeholders to ensure compliance.
Failure to comply with an AD can lead to significant consequences. Under section 119 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The maximum penalty for an individual is a fine of up to 200 penalty units or imprisonment for up to 12 months, or both. For corporations, the penalty can be significantly higher, reaching up to 10,000 penalty units. Additionally, CASA may take enforcement actions such as grounding non-compliant aircraft or imposing operational restrictions, which can severely impact the operations of the aircraft and its owner or operator. These measures underscore the importance of adhering to airworthiness directives to maintain the highest standards of aviation safety.