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 2006-22-05 affecting Honeywell Primus II RNZ-850 and RNZ-851 Integrated Navigation Units. The United States is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/RAD/76, Amendment 1, which will become effective on 7 June 2007. This AD cancels and replaces the previous issue.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, 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 of air navigation and related activities. Its primary objective is to ensure the safety of civil aviation through the establishment of regulations and standards. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety, such as those pertaining to airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide for the issuance of ADs by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are essential to maintaining safety standards in accordance with international obligations, such as those set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for continuing airworthiness. CASA, as Australia’s national airworthiness authority, must act on these international directives by issuing corresponding Australian ADs to ensure compliance with safety standards for aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are intended to mandate safety requirements and are aligned with the obligations of the State of Design under Annex 8 to the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, is obligated to assess the information and, if necessary, issue a corresponding Australian AD. For instance, CASA has issued Australian AD/RAD/76, Amendment 1, in response to the United States Federal Aviation Administration's AD 2006-22-05, affecting Honeywell Primus II RNZ-850 and RNZ-851 Integrated Navigation Units. This AD was made without public consultation due to its international obligations and nature as a regulatory instrument, and it has been determined that it does not require a Regulatory Impact Statement. The AD is issued by the Manager, New Technologies and Systems, within CASA, in accordance with the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments according to section 46A of the Acts Interpretation Act 1901.
Under these provisions, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This obligation stems from Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design. When an AD is issued by a State of Design, CASA must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. For example, following the United States Federal Aviation Administration's (FAA) AD 2006-22-05 concerning the Honeywell Primus II RNZ-850 and RNZ-851 Integrated Navigation Units, CASA issued Australian AD/RAD/76, Amendment 1, which replaced the previous directive and took effect on 7 June 2007.
Entities governed by these regulations face several obligations. Firstly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as mandated by Annex 8. Secondly, CASA, as Australia's national airworthiness authority, must review and, if necessary, adopt ADs issued by other States of Design. These entities must also comply with the ADs issued by CASA, which may include conducting inspections, repairs, or modifications to maintain the airworthiness of the aircraft. Failure to adhere to these directives can result in severe consequences, including the grounding of aircraft or other enforcement actions.
The breach of these regulations can lead to various civil and criminal consequences. Under section 309 of the Civil Aviation Act 1988, any person who contravenes a direction given under the Act can be fined up to 60 penalty units or prosecuted, depending on the severity of the breach. For airworthiness directives, non-compliance can result in the grounding of aircraft, revocation of airworthiness certificates, or other penalties as deemed appropriate by CASA. The maximum penalties for serious breaches can extend to more severe fines or imprisonment, reflecting the critical nature of maintaining aviation safety standards.