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 2008-22-11 affecting Hawker Beechcraft 390 aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/Premier/6, which will become effective on 3 November 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the 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, enacted by the Commonwealth Parliament, is the principal statute governing civil aviation safety in Australia. This Act was introduced to ensure the safety of air navigation and the continuing airworthiness of aircraft, addressing the need for a comprehensive legal framework to manage civil aviation activities. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the purposes of the Act and the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. These directives are legislative instruments that mandate compliance with continuing airworthiness requirements, aligning with international obligations under the Convention on International Civil Aviation. The issuance of ADs such as AD/Premier/6 is a direct response to an AD issued by the aircraft's State of Design, in this case, the United States for the Hawker Beechcraft 390 aircraft, reflecting Australia's commitment to international safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, encompassing various entities, industries, and conduct related to air navigation and aircraft safety. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft, with CASA acting as the national airworthiness authority in accordance with international obligations under the Convention on International Civil Aviation. ADs are issued in response to airworthiness concerns identified by the State of Design and are adopted by the State of Registry, in this case, CASA, to enforce specific safety measures. The jurisdictional reach of this legislation is national, with CASA implementing and enforcing ADs across Australia to maintain compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) and 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. These directives are issued in the interest of ensuring the safety of air navigation, and as a legislative instrument, they can be disallowed under section 46A of the Acts Interpretation Act 1901. The State of Design, in this case the United States, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type and must provide the necessary information to the State of Registry, which in this instance is Australia. CASA, as the national airworthiness authority for Australia, must then assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Under these provisions, CASA is obligated to evaluate any ADs issued by the State of Design and determine if they are applicable to aircraft registered in Australia. If CASA deems it necessary, it must issue an Australian AD to mandate the required safety measures. This process ensures that Australian aircraft meet the necessary safety standards as stipulated by the State of Design and the Convention on International Civil Aviation. The AD issued by CASA, such as Australian AD/Premier/6, must be implemented by aircraft operators, as it is a legal requirement for maintaining airworthiness.
Failure to comply with the ADs can result in severe consequences. Any breach of the ADs can be considered a violation of the Civil Aviation Safety Regulations 1998, leading to potential enforcement actions by CASA. The Civil Aviation Act 1988 provides for various sanctions, including fines and imprisonment, for non-compliance with airworthiness requirements. The exact penalties can vary depending on the severity of the breach, but they can include substantial fines for individuals and corporations, as well as potential imprisonment for serious violations.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for CASA to issue and enforce ADs to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design and State of Registry share responsibilities under international conventions, and CASA plays a crucial role in assessing and implementing necessary safety measures. Non-compliance with these directives can lead to significant penalties, including fines and imprisonment, underscoring the importance of adhering to the ADs for the safety of air navigation.