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 French DGAC has issued AD F-2007-004 R1 affecting Parachute Shop parachute equipment. France is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/PARA/17, Amendment 1, which will become effective on 30 November 2007. 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 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. This legislation authorises the Governor-General to make regulations for the purposes of the Act, specifically to ensure the safety of air navigation. In accordance with this authority, the Civil Aviation Safety Regulations 1998 were developed, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to maintain the continuing airworthiness of aircraft, aligning with Australia’s obligations under international conventions such as the Convention on International Civil Aviation. The process for issuing ADs involves CASA assessing information from the State of Design, which is the country responsible for the aircraft type, and subsequently issuing an Australian AD if necessary. This approach ensures that Australian aircraft meet international safety standards and that CASA fulfils its role as the national airworthiness authority.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) under regulation 39.001 to ensure the safety of air navigation. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, apply to specific kinds of aircraft or aeronautical products as determined by the Civil Aviation Safety Authority (CASA). The ADs are mandated to uphold the continuing airworthiness of aircraft, a responsibility primarily attributed to the State of Registry under Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, following the French DGAC's AD F-2007-004 R1 on Parachute Shop parachute equipment, CASA issued Australian AD/PARA/17, Amendment 1, which supersedes the previous AD and will take effect on 30 November 2007. Given the AD's international obligations and response to the relevant State of Design, no public consultation was required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a comprehensive framework for airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is exercised to ensure compliance with international standards and to maintain the safety of air navigation. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 primarily focus on the safety and airworthiness of aircraft. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the aircraft's safety. The State of Registry, which is the country where the aircraft is registered, must adopt or develop requirements to maintain the aircraft's airworthiness. When an AD is issued by the State of Design, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that all aircraft registered in Australia meet international safety standards.
Breaching the requirements set out in ADs can result in severe consequences. The Civil Aviation Safety Regulations 1998 outline that failure to comply with ADs can lead to civil and criminal penalties. Specifically, section 96 of the Civil Aviation Act 1988 states that any person who contravenes a regulation is liable to a penalty. The maximum penalty for such offences can include fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. Ensuring compliance with ADs is therefore critical for maintaining the safety and integrity of the aviation industry.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for issuing and enforcing ADs to ensure the safety of aircraft in Australia. These regulations impose clear obligations on both the State of Design and the State of Registry to provide and enforce the necessary safety measures. Failure to comply with these directives can lead to significant civil and criminal penalties, underscoring the importance of adhering to the stipulated safety standards.