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 2006-0334 affecting Thales Communications Very High Frequency data radios. EASA is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/RAD/87, which will become effective on 15 February 2007.
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 Commonwealth Parliament, was introduced to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act provides the legislative framework within which the Civil Aviation Safety Regulations 1998 are made, and it empowers the Governor-General to establish regulations for airworthiness, thereby maintaining high safety standards in civil aviation. Under this Act, the Civil Aviation Safety Authority (CASA) is tasked with issuing airworthiness directives (ADs) to address safety concerns related to aircraft and aeronautical products, in accordance with the requirements set out in Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that all aircraft registered in Australia meet stringent safety standards, thereby safeguarding the public and promoting the safe and efficient operation of civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are regulatory instruments that mandate actions to ensure the safety and airworthiness of aircraft registered in Australia. This regulatory authority applies to all entities and persons involved in the manufacture, maintenance, and operation of aircraft within Australia. The ADs are integral to fulfilling Australia's commitments under international aviation conventions, particularly Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to States of Design and States of Registry for the continuing airworthiness of aircraft. As such, CASA, acting on behalf of Australia, must assess and, if necessary, issue Australian ADs in response to directives issued by the State of Design. This ensures that Australian aircraft comply with international safety standards. The issuance of ADs is not subject to public consultation, as they are typically responses to international safety directives. Furthermore, ADs do not require a Regulatory Impact Statement, streamlining the process of implementing safety measures necessary for maintaining airworthiness.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that serve the Act's purpose and aim to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The Civil Aviation Act 1988 and the associated regulations impose several obligations on the parties and entities they govern. For instance, the State of Design, which is the country where the aircraft type is designed, holds the overall responsibility for the continuing airworthiness of the aircraft type. This responsibility includes providing necessary information to ensure the aircraft's continued airworthiness to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, acting as Australia's national airworthiness authority, is mandated to assess information from the State of Design and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the associated regulations can lead to various consequences. While the specific penalties for breaches are not detailed in the provided text, it is generally understood that non-compliance with airworthiness directives can result in serious legal and safety implications. These may include fines, imprisonment, or other civil or criminal penalties as prescribed by the relevant laws. The seriousness of these consequences underscores the importance of adhering to the regulations to ensure the safety of air navigation.