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 FOCA has issued AD HB-2005-080 affecting Pilatus Model PC-6 aircraft. Switzerland is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PC-6/51, which will become effective on 14 April 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/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 legal framework for the regulation of civil aviation in Australia, addressing the need for a unified and safety-focused approach to aviation operations. The Act empowers the Governor-General to make regulations, ensuring the safety of air navigation, and delegates authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. In line with international standards, the State of Design holds primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the individual aircraft's airworthiness. CASA, acting on behalf of Australia, must assess and implement ADs issued by the State of Design, ensuring compliance with international conventions such as the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the regulatory process, including the disallowance and legislative status of ADs, which are recognised as legislative instruments. This legislative framework facilitates coordinated international efforts to maintain and enhance aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to aviation activities within Australia, empowering the Governor-General to create regulations for the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design but implemented within Australia by CASA, the State of Registry. The issuance of an Australian AD, such as AD/PC-6/51 for Pilatus Model PC-6 aircraft, is mandated by Australia’s obligations under the Convention on International Civil Aviation and is executed without public consultation due to the international nature of the directive. The application of these regulations is nationwide, impacting all aircraft registered in Australia and ensuring compliance with international safety standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the obligations outlined in the Act and Regulations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This entails providing all necessary information to the States of Registry to ensure the ongoing airworthiness of the aircraft type. Correspondingly, the State of Registry is tasked with developing or adopting requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must review the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the case of the FOCA issuing AD HB-2005-080 for Pilatus Model PC-6 aircraft, Switzerland, as the State of Design, has issued the directive. CASA has evaluated this directive and issued Australian AD/PC-6/51, which is set to take effect on 14 April 2005. Given that this AD is a direct response to Australia's obligations under the Convention on International Civil Aviation and is issued in reaction to an AD from the relevant State of Design, no public consultation was required for this directive. Furthermore, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. This particular AD was made by the Section Head - Airframes/Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The legislation also stipulates potential consequences for non-compliance. Failure to comply with an AD may result in severe penalties. Under section 86 of the Civil Aviation Act 1988, individuals or entities found to be in breach of an AD may face criminal charges. The maximum penalty for these offences can include substantial fines and imprisonment, depending on the severity of the breach. Additionally, CASA may impose administrative penalties, including revocation or suspension of an airworthiness certificate, which could effectively ground the aircraft until compliance is achieved. These stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.