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 Federal Office for Civil Aviation (FOCA) has issued AD HB-2005-168 affecting PC-12 model aircraft. Switzerland is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PC-12/46, which will become effective on 7 July 2005.
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 - 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, enacted by the Australian Parliament, governs the safety and regulation of civil aviation within Australia. This Act was introduced to address the need for comprehensive legal frameworks to ensure the safety and efficiency of civil aviation operations. One of its key provisions allows the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 implementing these provisions. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The recent issuance of Australian AD/PC-12/46 for PC-12 model aircraft, in response to an AD issued by the Swiss Federal Office for Civil Aviation, exemplifies how CASA enforces these regulations to uphold safety standards.
Scope and Application
The Civil Aviation Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are legislative instruments and serve to ensure the continuing airworthiness of aircraft, which is a crucial aspect of aviation safety. Such directives are issued in accordance with Australia’s international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type. When a State of Design issues an AD, CASA, as the national airworthiness authority, assesses the information and, if necessary, issues an Australian AD to enforce the requirements. This ensures that Australian-registered aircraft meet international safety standards. Notably, the issuance of these directives does not require public consultation or a Regulatory Impact Statement, as they are made in response to obligations under international conventions and are directly related to the continuing airworthiness of aircraft.
Key Provisions
The Civil Aviation Act 1988 (section 98) provides the authority for the Governor-General to make regulations that are necessary for the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as stipulated in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and it is governed by the Legislative Instruments Act 2003 (section 6). These ADs are integral to ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for providing necessary information to ensure that aircraft types remain airworthy.
Under these regulations, the State of Design must provide any information necessary to ensure the continuing airworthiness of an aircraft type, and the State of Registry must adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD for a type of aircraft that is also registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to mandate the requirements set forth by the State of Design. This process was followed with the issuance of AD/PC-12/46 by CASA in response to AD HB-2005-168 issued by the Swiss Federal Office for Civil Aviation (FOCA) for the PC-12 model aircraft. Switzerland is the State of Design for this aircraft type, and the AD will become effective on 7 July 2005.
The ADs are issued in compliance with Australia's obligations under the Convention on International Civil Aviation, and given that they respond to directives from the relevant State of Design, there is no requirement for consultation with the Australian public. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD/PC-12/46 was created by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Act also outlines specific obligations and requirements for parties governed by it. For instance, aircraft operators must comply with ADs that apply to their aircraft, ensuring that they follow the mandated procedures and requirements for maintaining airworthiness. Failure to comply with an AD can result in significant civil or criminal consequences. Under section 84A(3) of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence and is liable for a penalty. The maximum penalty for an individual is generally 50 penalty units, which equates to approximately AUD 5,500, or for a body corporate, the penalty can be up to 500 penalty units, approximately AUD 55,000, or both, depending on the severity and circumstances of the offence. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.