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 EASA issued AD 2006-0286-E affecting oxygen equipment. EASA is the State of Design for this type of equipment. As a result of a request from industry, CASA has amended the equivalent Australian AD and has issued Australian AD/OXY/20, Amendment 1 which will become effective on 29 September 2006. 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 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 Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. One aspect of this is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Governor-General. The ADs address continuing airworthiness of aircraft and aeronautical products, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. This Act and its regulations fill a critical gap by establishing a legal basis for CASA to mandate safety requirements for aircraft and aeronautical products registered in Australia, thereby ensuring compliance with international safety standards. The ADs are issued in response to obligations under international conventions and in cooperation with the States of Design, often without public consultation, as they are considered necessary and urgent for safety reasons.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring adherence to safety standards. This authority is exercised within the framework of the Civil Aviation Act 1988, which mandates the Governor-General to make regulations in the interests of air navigation safety. ADs, as legislative instruments, are subject to disallowance and scrutiny under the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must respond to ADs issued by foreign authorities, such as the European Aviation Safety Agency (EASA), by assessing the information and, if necessary, issuing equivalent Australian ADs. The issuance of these directives is governed by Australia's international obligations and internal regulatory processes, and they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that CASA can issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on CASA and other parties include ensuring the continuing airworthiness of aircraft and aeronautical products within Australia. The State of Design is responsible for the initial airworthiness of an aircraft type and must provide necessary information to the States of Registry, such as Australia, to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is required to assess information from the State of Design and issue corresponding ADs when necessary. These ADs mandate specific requirements to ensure the safety and airworthiness of aircraft within Australia.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for non-compliance with ADs. However, failure to comply with ADs could potentially result in severe consequences, including the grounding of aircraft, legal action by CASA, or other regulatory enforcement actions. The seriousness of such consequences underscores the importance of adhering to the ADs issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.