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 United States FAA has issued AD 2007-20-07 affecting Hawker Beechcraft Corporation Model 390 aircraft. The United States is the State of Design for this type. CASA has assessed the AD and has issued Australian AD/PREMIER/2, which will become effective on 7 November 2007.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. It provides a legislative framework for the regulation of civil aviation, with a particular focus on airworthiness and safety. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, detail the requirements for maintaining airworthiness, including the issuance of airworthiness directives (ADs). ADs are legislative instruments used to mandate compliance with safety standards for specific aircraft or aeronautical products, and are issued by the Civil Aviation Safety Authority (CASA). The policy objective is to ensure the continuing airworthiness of aircraft in accordance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation. The Act empowers CASA to issue ADs, especially when responding to directives issued by the State of Design, without the need for public consultation or a Regulatory Impact Statement, as they are considered integral to fulfilling international obligations.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with regulation 39.001 specifically authorising the issuance of ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. In accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case represented by the Civil Aviation Safety Authority (CASA), is tasked with ensuring the ongoing airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements. This process ensures compliance with Australia's international obligations and maintains the safety standards required by the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to create regulations for 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 considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and are subject to disallowance by Parliament. ADs are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for an aircraft type's airworthiness, must provide necessary information to the States of Registry to ensure compliance with airworthiness standards. The State of Registry must then develop or adopt requirements to enforce these standards.
Under these provisions, the obligations of CASA, as Australia’s national airworthiness authority, include assessing information from the State of Design and issuing corresponding ADs if necessary. This process ensures that Australian aircraft comply with international safety standards. For instance, the United States Federal Aviation Administration (FAA) issued AD 2007-20-07 for Hawker Beechcraft Corporation Model 390 aircraft. CASA, upon assessing this AD, issued Australian AD/PREMIER/2, which took effect on 7 November 2007. This action highlights CASA's duty to enforce international standards within Australia. Notably, ADs like these do not require public consultation or a Regulatory Impact Statement, as they are issued under international obligations and in response to directives from the State of Design.
In terms of consequences, breaches of ADs can lead to severe penalties. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for both civil and criminal penalties for non-compliance. Civil penalties can include fines and enforcement actions by CASA, while criminal penalties can result in imprisonment, reflecting the serious nature of air safety violations. For example, failure to comply with an AD can result in the grounding of an aircraft, which can have significant implications for both operators and passengers. The exact penalties can vary depending on the severity of the breach and the specific provisions of the regulations in place at the time of the offence.