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 European Aviation Safety Authority (EASA) has issued AD 2006-0279 affecting Parachute Shop parachutes. EASA acts on behalf of France, the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/PARA/17, which will become effective on 20 September 2006.
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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is designed to provide a legislative framework that ensures the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The Act grants the Governor-General the authority to issue regulations for this purpose, including the establishment of procedures for the issuance of airworthiness directives (ADs). In line with this mandate, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with international standards as set out in Annex 8 of the Convention on International Civil Aviation. The issuance of Australian ADs, such as AD/PARA/17, in response to directives from the State of Design, underscores Australia’s commitment to international safety protocols while maintaining local airworthiness standards. The policy objective is to enhance aviation safety by ensuring that all aircraft within Australia adhere to necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia to ensure the continuing airworthiness of aircraft and aeronautical products. Specifically, section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the accompanying Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901 and are subject to scrutiny under the Legislative Instruments Act 2003. ADs are integral to maintaining airworthiness as per Annex 8 of the Convention on International Civil Aviation, with the State of Design having overarching responsibility for the airworthiness of an aircraft type and the State of Registry ensuring the airworthiness of individual aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the requirements on aircraft registered in Australia. This process is exemplified by the issuance of Australian AD/PARA/17 in response to EASA's AD 2006-0279 for Parachute Shop parachutes, reflecting Australia's commitment to international civil aviation standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, specifically section 98, allow the Governor-General to make regulations for the safety of air navigation. 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 certain types of aircraft or aeronautical products. These ADs, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include a responsibility for the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with international safety standards.
There are significant consequences for non-compliance with the ADs. Failure to adhere to the mandated requirements can result in civil or criminal penalties. The specific nature and severity of these penalties are not detailed in the provided text, but generally, non-compliance with airworthiness directives can lead to severe repercussions, including fines and potential grounding of the aircraft. The exact penalties would depend on the specific regulations and circumstances of the violation.
In summary, the legislation mandates that CASA issue airworthiness directives based on assessments of international directives, ensuring compliance with safety standards. Failure to comply with these directives can result in substantial civil and criminal penalties, underscoring the importance of adherence to these regulations for the safety of air navigation.