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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/P68/17 Amendment 1 affecting Partenavia P68 aircraft. CASA has reviewed this AD and as a result has issued AD/P68/17 Amendment 2 which will become effective on 28 August 2008. This AD cancels and replaces the previous issue.
As this AD has been amended because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD amendment. 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 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, aims to regulate civil aviation activities to ensure the safety of air navigation. The Act grants the Governor-General the authority to create regulations under section 98, ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aligning with the overarching objective of maintaining safety in aviation. These ADs, as legislative instruments, reflect Australia's commitment to international standards set by the Convention on International Civil Aviation, ensuring that aircraft maintain their airworthiness and adhere to safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory framework is underpinned by section 98 of the Civil Aviation Act 1988, which mandates the Governor-General to enact regulations in the interest of air navigation safety. Notably, ADs are recognised as legislative instruments under section 46A of the Acts Interpretation Act 1901, and their disallowance is subject to the provisions of the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft types, aligning with Australia's obligations under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the overall airworthiness of an aircraft type. In the context of aircraft registered in Australia, CASA assumes the role of the State of Registry, thereby being tasked with implementing the airworthiness directives issued by the State of Design. The application of ADs is comprehensive, encompassing all aircraft and aeronautical products within the Australian jurisdiction, without specific exclusions or thresholds outlined in the Act, though the issuance and amendment of such directives are informed by international standards and obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and regulated under section 6 of the Legislative Instruments Act 2003. The issuance of ADs is aligned with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the States of Registry to maintain airworthiness.
The Civil Aviation Act 1988, through section 98, further supports the creation of these regulations to ensure air navigation safety. The State of Registry, which in Australia’s case is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. This responsibility extends to assessing and issuing ADs when a State of Design issues an AD for a type of aircraft registered in Australia, as outlined in the Civil Aviation Safety Regulations 1998. For instance, CASA has issued AD/P68/17 Amendment 2 for Partenavia P68 aircraft, replacing the previous AD/P68/17 Amendment 1, effective from 28 August 2008.
Entities governed by the ADs must comply with the specific requirements outlined in the directives. This includes adhering to the detailed instructions provided by CASA to ensure the safety and airworthiness of the aircraft. Failure to comply with these requirements can lead to significant consequences. While the ADs themselves do not require public consultation, they are pivotal in maintaining the safety standards of aircraft registered in Australia. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, but they remain critical tools in the enforcement of aviation safety regulations.
In terms of legal consequences, non-compliance with ADs can result in various penalties. Although the Civil Aviation Safety Regulations 1998 do not explicitly state maximum penalties for breaches, violations of civil aviation regulations generally attract fines and other sanctions under the Civil Aviation Act 1988. These penalties can include substantial fines and, in severe cases, criminal charges against individuals or corporations responsible for the non-compliance. The overarching goal of these regulations and ADs is to ensure that all parties maintain the highest standards of safety in air navigation.