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 2008-05-14 affecting Navion series aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/NAV/4, which will become effective on 28 August 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 Manager, New Technologies and Systems, 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, establishes the legislative framework for civil aviation in Australia, focusing on the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including issuing airworthiness directives under section 98, in the interests of safety. The Civil Aviation Safety Regulations 1998 further elaborate on these directives, stipulating that they are legislative instruments that can be issued by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for airworthiness information. In response to an airworthiness directive issued by the United States Federal Aviation Administration for Navion series aeroplanes, CASA has issued Australian AD/NAV/4 to mandate the requirements for these aircraft in Australia, reflecting Australia's commitment to international civil aviation obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. They are integral to ensuring the continuing airworthiness of aircraft and are issued in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design, such as the United States for Navion series aeroplanes, holds primary responsibility for issuing ADs, which then need to be assessed and, if necessary, adopted by the State of Registry, such as CASA in Australia. The geographic reach of this legislation is national, impacting all entities involved in the design, registry, and operation of aircraft within Australia. While ADs are critical for safety, they do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international framework governing their issuance.
Key Provisions
The Civil Aviation Act 1988, and particularly section 98, empowers the Governor-General to enact regulations that serve the Act's purposes and ensure 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. Under subregulation 39.001(5), an AD is deemed a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by this Act include adherence to the airworthiness directives issued by CASA. As Australia's national airworthiness authority, CASA is tasked with assessing information provided by the State of Design, such as the United States in the case of the Navion series aeroplanes, and issuing corresponding ADs for aircraft registered in Australia. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, and must comply with any ADs issued by CASA. These directives may mandate specific maintenance, repairs, or modifications to ensure the aircraft remains airworthy.
Breaches of the airworthiness directives could lead to significant consequences. Civil penalties may be imposed for non-compliance with ADs, and in severe cases, criminal penalties could apply, including fines and imprisonment. For instance, under the Civil Aviation Act 1988, an operator who fails to comply with an AD may face penalties. The exact penalties depend on the nature and severity of the breach, but they could include fines and imprisonment terms as outlined in the Act. These measures underscore the importance of adhering to airworthiness directives to maintain safety standards in aviation.