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 2006-16-18 affecting Sandel Avionics Incorporated Model ST3400 terrain awareness warning systems/radio magnetic indicator units. The United States is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/RAD/85, which will become effective on 25 September 2006.
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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive legal structure to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives to maintain the continuing airworthiness of aircraft. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue these directives. The problem this legislation aims to address includes ensuring that aircraft remain airworthy through the implementation of safety measures as determined by the State of Design, with CASA responsible for assessing and, if necessary, issuing corresponding directives to mandate these measures within the Australian context. The policy objective of the Act is to maintain high safety standards in civil aviation by enabling timely and effective regulatory responses to identified safety issues.
Scope and Application
The Civil Aviation Act 1988, as amended, and its subordinate Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with the overarching goal of maintaining safety in air navigation. Such ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these directives is influenced by Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. Consequently, when the United States, as the State of Design for a particular aircraft or aeronautical product, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process is streamlined and does not necessitate public consultation or a Regulatory Impact Statement, as it primarily responds to international obligations and specific safety concerns identified by the relevant State of Design.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. Specifically, section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further classifies an AD as a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation primarily fall on CASA as Australia’s national airworthiness authority. CASA must assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the necessary requirements. This process ensures that Australian-registered aircraft meet the continuing airworthiness standards required by Annex 8 to the Convention on International Civil Aviation. Moreover, the State of Registry of an individual aircraft bears the responsibility for its ongoing airworthiness, requiring the implementation of the necessary measures to comply with ADs.
Failure to comply with an airworthiness directive can result in serious consequences. While the specific provisions detailing offences, penalties, or civil/criminal consequences are not detailed in this excerpt, it is evident that non-compliance could potentially lead to legal actions, given the regulatory nature of ADs. CASA, as the enforcement body, would likely take measures to ensure compliance, possibly including fines or other administrative actions against operators or manufacturers who fail to adhere to the mandated requirements. The seriousness of these consequences underscores the critical importance of adhering to ADs to maintain the safety standards required under international and Australian aviation law.