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-46 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-46/32, Amendment 1, which will become effective on 17 March 2005. 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 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 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, under section 98, thereby enabling the Civil Aviation Safety Authority (CASA) to issue such directives in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory mechanism is vital for maintaining the continuing airworthiness of aircraft, particularly in response to international obligations under the Convention on International Civil Aviation, as specified in Annex 8. This approach ensures that CASA, as Australia's national airworthiness authority, can mandate the necessary requirements for aircraft registered in Australia, thereby safeguarding public safety and meeting international standards.
Scope and Application
The Civil Aviation Act 1988, and the subsequent Civil Aviation Safety Regulations 1998, establish the framework within which airworthiness directives (ADs) are issued in Australia. Pursuant to section 98 of the Act, the Governor-General has the authority to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft as per the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for providing necessary information. The State of Registry, which in Australia is CASA, is tasked with ensuring that these ADs are assessed and implemented accordingly. The ADs are issued without public consultation as they are a direct response to international obligations and directives from the State of Design, such as the Federal Aviation Administration’s AD 2004-14-12 for the Piper PA-46 model aircraft. This particular AD, issued by CASA as AD/PA-46/32, Amendment 1, will take effect on 17 March 2005, replacing its previous iteration.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the Act, particularly to 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 specific types of aircraft or aeronautical products. These ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003 and are disallowable under section 46A of the Acts Interpretation Act 1901. This regulatory framework ensures that aircraft maintain their airworthiness and safety standards.
The obligations under the Civil Aviation Regulations 1998 are significant for both the State of Design and the State of Registry. The State of Design, which in this case is the USA for the Piper PA-46 model aircraft, has the responsibility to issue ADs to ensure the continuing airworthiness of aircraft types. The State of Registry, represented by CASA in Australia, must adopt and assess these directives to issue corresponding ADs as necessary. CASA, acting under the Civil Aviation Act 1988, has issued AD/PA-46/32, Amendment 1, which aligns with the requirements of the USA’s AD 2004-14-12. This process ensures that Australian aircraft comply with international standards as mandated by Annex 8 to the Convention on International Civil Aviation.
Breaches of ADs can lead to serious consequences. The Act includes provisions that allow for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to a certain amount determined by the Act, while criminal penalties can result in imprisonment. The exact penalties are not specified in the provided text but typically reflect the severity of the safety risk posed by non-compliance with airworthiness directives. CASA enforces these directives rigorously to uphold the safety and operational standards of civil aviation in Australia.