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.
In 1963 the USA FAA issued AD 63-12-02 affecting Piper PA-23 aircraft. The USA is the State of Design for this aircraft type. Since 1971 the inspection specified in
AD 63-12-02, and other inspections, have been included in Australian AD/PA-23/12. CASA has assessed the inspection specified in 63-12-02 and has decided to remove it from AD/PA-23/12 Amdt 1 and use it to create Australian AD/PA-23/91 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia, providing the legislative framework necessary for the regulation of civil aviation activities within the country. The Act empowers the Governor-General to make regulations that promote safety, with the Civil Aviation Safety Regulations 1998 specifying that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve as a key mechanism for maintaining the continuing airworthiness of aircraft in accordance with international standards. The Act was designed to address the need for comprehensive and enforceable aviation safety measures, ensuring that Australia meets its obligations under the Convention on International Civil Aviation.
In response to the USA's issuance of AD 63-12-02 affecting Piper PA-23 aircraft in 1963, CASA has decided to modify existing Australian AD/PA-23/12 by removing the inspection specified in AD 63-12-02 and creating a new Australian AD/PA-23/91, effective from 28 August 2008. This action is mandated by Australia's obligations under the Convention on International Civil Aviation and CASA's role as the national airworthiness authority. The AD has been issued under the authority of the Manager, Airframes in the Airworthiness Engineering Group, in accordance with the Act, and no public consultation was deemed necessary as it aligns with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, mandates the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, underpinning the regulatory framework for ensuring the continuing airworthiness of aircraft. The legislation applies to CASA, as Australia's national airworthiness authority, and is driven by the international obligations under the Convention on International Civil Aviation, particularly concerning the State of Design's responsibility for continuing airworthiness. The ADs, therefore, extend to aircraft registered within Australia and are issued in response to directives from the relevant State of Design. The geographic reach of this legislation is national, with CASA mandated to assess and issue ADs that comply with international standards and ensure the safety of air navigation within Australia. Notably, this regulatory process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance under section 6 of the Legislative Instruments Act 2003. Such directives are fundamental for maintaining the continuing airworthiness of aircraft, aligning with the State of Design's responsibility under Annex 8 to the Convention on International Civil Aviation.
These airworthiness directives are obligations imposed on CASA, Australia's national airworthiness authority. When a State of Design, such as the USA for Piper PA-23 aircraft, issues an AD, CASA is required to assess the information and, if deemed appropriate, issue a corresponding Australian AD. This ensures that the continuing airworthiness of aircraft on the Australian Register is maintained in compliance with international standards. CASA's duty includes evaluating the necessity of inspections or modifications specified in foreign ADs and deciding whether to incorporate them into Australian regulations, as demonstrated by the transition from AD/PA-23/12 to AD/PA-23/91.
Given that ADs are issued in response to international obligations and directives from the State of Design, they do not typically require public consultation. The Office of Best Practice Regulation has determined that these directives do not necessitate a Regulatory Impact Statement. CASA issues these directives under the authority of the Manager, Airframes in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. This streamlined process ensures that safety measures are promptly implemented without bureaucratic delays.
Failure to comply with ADs can result in severe legal consequences. The Civil Aviation Act 1988 imposes penalties for non-compliance, which can include substantial fines and, in serious cases, imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the AD. CASA enforces these directives rigorously to ensure that all aircraft maintain the required standards of airworthiness, thereby protecting public safety. This stringent enforcement underscores the critical importance of adhering to airworthiness directives.