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 EASA has issued AD 2006-0241 affecting Caledonian Airborne Systems CPT-600 and CPT-900 Electronic Locator Transmitters. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/RAD/86, which will become effective on 26 October 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 comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General has the authority to issue regulations that are in the interest of aviation safety. The Civil Aviation Safety Regulations 1998 further elaborate on the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments subject to disallowance and are designed to ensure that aircraft and aeronautical products remain airworthy. The Act and its regulations are structured to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and to uphold Australia's commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being considered disallowable instruments under the Acts Interpretation Act 1901. This regulatory framework is rooted in the overarching responsibility of the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, to maintain the continuing airworthiness of aircraft types, which includes providing necessary information to States of Registry. In Australia, CASA acts as the national airworthiness authority and must assess any ADs issued by States of Design concerning aircraft on the Australian Register, subsequently issuing Australian ADs to enforce these requirements. For example, following the European Aviation Safety Agency's (EASA) issuance of AD 2006-0241 for Caledonian Airborne Systems CPT-600 and CPT-900 Electronic Locator Transmitters, CASA assessed and issued Australian AD/RAD/86, which took effect on 26 October 2006. Due to the international obligations under the Convention on International Civil Aviation and the direct response to a State of Design AD, no public consultation was required for this specific directive, and it was determined that a Regulatory Impact Statement was unnecessary.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. Section 39.001(5) further classifies an AD as a disallowable instrument, establishing it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to ensuring the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation. The State of Design bears the responsibility for providing necessary information to ensure airworthiness, while the State of Registry must implement or adopt requirements to maintain this airworthiness. In the context of Australian operations, CASA, as the national airworthiness authority, must evaluate any international ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs.
An example of this process is the AD issued by the European Aviation Safety Agency (EASA) concerning Caledonian Airborne Systems CPT-600 and CPT-900 Electronic Locator Transmitters. EASA, as the State of Design, issued AD 2006-0241, which CASA has assessed and subsequently issued as Australian AD/RAD/86, effective from 26 October 2006. Given that this AD results from Australia's obligations under the Convention on International Civil Aviation and is a response to an international AD, no public consultation was required. The Office of Regulatory Review has also determined that such ADs do not necessitate a Regulatory Impact Statement.
Under subsection 84A(2) of the Civil Aviation Act 1988, the AD was issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office on behalf of CASA. This highlights the structured and formal process by which airworthiness directives are issued and implemented within Australia’s regulatory framework.
Regarding the obligations and requirements, the legislation imposes a duty on CASA to rigorously assess any international ADs issued by the State of Design. If deemed necessary, CASA must issue a corresponding Australian AD to enforce the safety requirements. The law also places a responsibility on the State of Registry to develop or adopt requirements that ensure the continuing airworthiness of aircraft registered within Australia. Additionally, the State of Design must provide the necessary information to support the maintenance of airworthiness standards.
The legislation sets out specific civil and criminal consequences for non-compliance with the issued airworthiness directives. Any person who contravenes an AD may face civil penalties, including fines. The maximum penalties can be substantial, reflecting the seriousness of ensuring airworthiness. In more severe cases, failure to comply with an AD may also result in criminal charges, potentially leading to imprisonment, depending on the nature and extent of the non-compliance. These provisions underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.