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, 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 United States FAA has issued AD 2009-07-08 affecting Piper PA-46-350P and PA-46R-350T model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-46/35, which will become effective on 5 May 2009.
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, 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Under section 98 of this Act, the Governor-General is empowered to make regulations for the purposes of the Act, specifically in the interests of the safety of air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and must be registered under the Legislative Instruments Act 2003. The Civil Aviation Act 1988, therefore, addresses the need for a cohesive regulatory structure that ensures the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to any person, entity, or industry involved in the aviation sector in Australia. Specifically, 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. These ADs are legislative instruments that mandate safety measures to ensure the continuing airworthiness of aircraft. The geographic reach of this legislation is national, as CASA, the national airworthiness authority, assesses and issues ADs in response to international safety directives and under Australia’s obligations under the Convention on International Civil Aviation. While the Act allows for the issue of ADs without public consultation due to their international nature, these directives must be assessed and, if appropriate, mandated by CASA to ensure compliance with safety standards.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) under regulation 39.001 (section 98 of the Civil Aviation Act 1988). These directives are legislative instruments that mandate specific actions or conditions to ensure the continuing airworthiness of aircraft or aeronautical products. Under subregulation 39.001(5), ADs fall under the category of disallowable instruments as defined by section 46A of the Acts Interpretation Act 1901, and as such, they are subject to the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to take into account international standards and practices as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, the United States for Piper PA-46-350P and PA-46R-350T model aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. As Australia's national airworthiness authority, CASA is tasked with assessing this information and, if necessary, issuing an Australian AD to enforce the State of Design's requirements. The State of Registry, which in this instance is Australia, must also develop or adopt its own requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Given the international nature of airworthiness directives and their alignment with international conventions, there is no requirement for public consultation on these ADs, as confirmed by the Office of Best Practice Regulation, which has determined that they do not necessitate a Regulatory Impact Statement. The AD is issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with the requirements set forth in an AD can result in severe consequences. Regulatory breaches can lead to civil penalties, including fines, and criminal penalties, which may include imprisonment. The specific penalties are determined by the severity of the breach and are in line with the broader provisions of the Civil Aviation Act 1988. Non-compliance with airworthiness directives can also lead to the grounding of aircraft, which has direct implications for aviation safety and operational integrity.