CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 FAA has issued AD 2005-01-10 affecting Piper PA-23 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-23/90 which will become effective on 17 March 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, aims to provide a regulatory framework for the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) as stipulated under section 98. In the context of this Act, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft as required by international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United States for the Piper PA-23 model aircraft, holds the primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case Australia, must implement these requirements domestically.
The issuance of Australian AD/PA-23/90 by CASA in response to AD 2005-01-10 from the Federal Aviation Administration (FAA) exemplifies the collaborative approach mandated by international aviation agreements. This process does not require public consultation as it is driven by Australia's obligations under the Convention on International Civil Aviation and the necessity to align with the ADs issued by the relevant State of Design. The AD was issued under the authority of subsection 84A(2) of the Civil Aviation Act 1988 by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA. This legislative measure ensures that Australian civil aviation standards remain consistent with international safety requirements.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs aligns with international standards, particularly Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the continuing airworthiness of aircraft types, and States of Registry must ensure the continuing airworthiness of aircraft registered within their jurisdiction. Consequently, when an AD is issued by a State of Design, such as the FAA's AD 2005-01-10 for Piper PA-23 model aircraft, CASA must assess the directive and, if necessary, issue a corresponding Australian AD to enforce the requirements on aircraft registered in Australia. This process ensures that Australia meets its international obligations while maintaining safety standards within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations that 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 particular types of aircraft or aeronautical products. These directives are significant legislative instruments as they help maintain the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
These airworthiness directives require CASA to take several steps when a State of Design issues an AD for a type of aircraft registered in Australia. First, CASA must assess the AD to ensure it aligns with Australian safety standards. If deemed appropriate, CASA will then issue an Australian AD that mandates the requirements of the foreign AD for aircraft registered in Australia. This process ensures that the safety standards set by the State of Design are enforced within Australia.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations. For instance, the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. Conversely, the State of Registry, in this case, CASA, must assess and, if necessary, issue an Australian AD to ensure compliance with the international airworthiness standards.
Failure to comply with an airworthiness directive can result in significant civil or criminal consequences. While the specific penalties are not detailed in the provided text, the overarching framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 suggests that non-compliance could lead to enforcement actions, fines, or other penalties. The exact penalties would depend on the nature and severity of the non-compliance, but the overarching goal is to ensure that all aircraft operating within Australia meet the required safety standards.