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 Swiss FOCA has issued AD HB-2005-128 affecting Pilatus PC-12 model aircraft. Switzerland is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PC-12/39, Amendment 1, which will become effective on 12 May 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 Section Head - Systems, 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 governing all aspects of civil aviation in Australia, including ensuring the safety and efficiency of air navigation. The Act was introduced to address the need for a unified and robust legal structure to manage the complexities of civil aviation, including aircraft certification, airworthiness, and operational safety. The Civil Aviation Regulations 1998 further refine the requirements under the Act, providing detailed rules and procedures. The problem the Act aimed to address was the fragmented and inconsistent regulation of civil aviation activities that existed prior to its enactment, thereby creating a unified legal basis for the industry. The Civil Aviation Act 1988 is an Act of the Australian Parliament, reflecting the Commonwealth's responsibility for national air traffic and civil aviation safety. The policy objective of the Act is to ensure the highest possible level of safety and efficiency in civil aviation, aligning with international standards and obligations, particularly under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislation applies to the continuing airworthiness of aircraft registered in Australia, ensuring compliance with international safety standards set by the International Civil Aviation Organization (ICAO). Under the authority granted by section 98 of the Civil Aviation Act 1988, CASA can issue ADs for specific types of aircraft or aeronautical products, which are intended to maintain or improve the safety of air navigation. The ADs are considered legislative instruments and must adhere to the provisions of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are typically issued in response to directives from the State of Design or other ICAO Contracting States and aim to ensure that aircraft continue to meet the necessary safety standards. The geographic scope of these regulations is national, applying to all aircraft registered within Australia, and they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that 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 types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 6 of the Legislative Instruments Act 2003. ADs are crucial tools in ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility of ensuring the airworthiness of aircraft types and providing necessary information to States of Registry.
Under the Civil Aviation Act 1988 and Civil Aviation Regulations 1998, CASA has specific obligations when it comes to issuing and managing ADs. As the national airworthiness authority, CASA must assess any ADs issued by the State of Design that affect aircraft on the Australian Register. This assessment ensures that Australian ADs reflect the requirements and safety standards of the international ADs. When CASA issues an AD, it is mandated to do so in accordance with subsection 84A(2) of the Act, ensuring that the AD aligns with the legislative requirements and international obligations. CASA’s role is critical in maintaining the safety and airworthiness of aircraft operating in Australia.
Breaches of the requirements outlined in the Civil Aviation Act 1988 and Civil Aviation Regulations 1998 can result in significant legal consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is understood that failure to adhere to ADs can lead to serious safety risks and potential liability for operators. In general, non-compliance with aviation regulations can result in penalties, including fines and potential criminal charges. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Civil Aviation Act 1988 and other relevant legislation. It is essential for all parties involved in aviation operations to comply with ADs to ensure the safety and airworthiness of aircraft in Australia.