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 2008-21-04 affecting Hawker Beechcraft Model 390 aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PREMIER/5, which will become effective on 20 October 2008.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations aimed at safeguarding air navigation, as seen in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments, playing a crucial role in maintaining the continuing airworthiness of aircraft, a responsibility mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. The ADs are issued by CASA in response to directives from the aircraft's State of Design, ensuring alignment with international standards and obligations. The AD process is designed to uphold the safety and reliability of aircraft operating within Australian airspace, reflecting the collaborative nature of international civil aviation governance.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). These directives apply to the kinds of aircraft or aeronautical products specified within the regulations. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are mandated by the continuing airworthiness requirements set forth in Annex 8 to the Convention on International Civil Aviation. This means that ADs are applicable to any aircraft or aeronautical products registered in Australia, and CASA, as Australia’s national airworthiness authority, must ensure that these directives are appropriately assessed and implemented. While ADs are typically issued in response to international obligations and the directives of the State of Design, the regulations allow CASA to extend or restrict their application through subordinate instruments as necessary. The ADs do not generally require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This process ensures that Australia meets its international commitments and maintains the safety standards required for the continued airworthiness of aircraft registered within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001, respectively. These ADs are tools used to ensure the continuing airworthiness of aircraft and aeronautical products. As a legislative instrument, an AD is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is governed by the Legislative Instruments Act 2003. The ADs issued by the Civil Aviation Safety Authority (CASA) in Australia are in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design (the country where the aircraft type was designed) has primary responsibility for the continuing airworthiness of an aircraft type, and must share necessary information with the States of Registry.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA, as the national airworthiness authority, include assessing ADs issued by the State of Design and determining their applicability to aircraft registered in Australia. This process ensures that all aircraft registered in Australia meet the continuing airworthiness standards set forth by the State of Design. CASA must also issue corresponding Australian ADs when necessary, to mandate the requirements of the State of Design for aircraft on the Australian Register. This is demonstrated in the case of AD 2008-21-04 issued by the United States Federal Aviation Administration (FAA) for Hawker Beechcraft Model 390 aircraft, which CASA has assessed and subsequently issued as Australian AD/PREMIER/5.
Failure to comply with the requirements set out in an AD can result in serious consequences. Under the Civil Aviation Act 1988, aircraft that do not meet the continuing airworthiness standards set by an AD may be deemed unairworthy, and operators could face enforcement actions, including fines and potential criminal charges. The Civil Aviation Safety Regulations 1998 further stipulate that non-compliance with ADs may lead to the suspension or revocation of an aircraft’s certificate of airworthiness. The maximum penalties for offences related to non-compliance with ADs can include substantial fines and imprisonment, reflecting the serious nature of ensuring the safety of air navigation.