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 2004-14-12 affecting Piper PA-28 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-28/96 Amdt 1, 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 Acting Section Head - Airframes, 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 Commonwealth Parliament, serves to regulate civil aviation in Australia and ensure the safety of air navigation. It empowers the Governor-General to create regulations in the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 further detailing the process for issuing airworthiness directives (ADs) to maintain the airworthiness of aircraft. An AD is a legislative instrument, subject to disallowance and review processes as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of the Act and its regulations is to align with international standards set by the Convention on International Civil Aviation, ensuring Australia’s compliance and contribution to global aviation safety. The Act specifically mandates that the Civil Aviation Safety Authority (CASA) must issue ADs in response to those issued by the aircraft's State of Design, as required under Annex 8 of the Convention, thereby fulfilling Australia's obligations to maintain the continuing airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which requires the State of Design to provide information necessary for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must assess this information and, if necessary, issue corresponding ADs to ensure compliance. For example, following the Federal Aviation Administration's (FAA) AD 2004-14-12 for Piper PA-28 model aircraft, CASA issued Australian AD/PA-28/96 Amdt 1, which became effective on 17 March 2005. The ADs apply to aircraft and aeronautical products registered in Australia and are issued in response to international directives without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations for the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument according to section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under this Act and its associated regulations require CASA, as Australia's national airworthiness authority, to assess any airworthiness directives issued by the State of Design and, if appropriate, to issue corresponding Australian ADs. This is mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When the Federal Aviation Administration (FAA) issued AD 2004-14-12 for Piper PA-28 model aircraft, CASA assessed this directive and issued Australian AD/PA-28/96 Amdt 1, effective from 17 March 2005.
There are no public consultation requirements for ADs as they are issued under international obligations and in response to directives from the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences for breaches of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, the Act itself does not specify detailed offences, penalties, or consequences for non-compliance with ADs. However, failure to comply with ADs can lead to serious safety implications and potential legal actions under broader aviation safety laws. CASA may take enforcement actions against non-compliant aircraft operators, which can include fines, suspension, or revocation of operating certificates, and potentially criminal charges if safety is compromised.