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 New Zealand CAA has issued AD DCA/R2000/24A affecting Robin Aviation series aircraft. New Zealand is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ROBIN/28, Amendment 2, which will become effective on 5 June 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation of air navigation and aircraft safety. Under section 98 of this Act, the Governor-General is empowered to create regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made pursuant to this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. CASA, as Australia’s national airworthiness authority, issues these directives to ensure compliance with international standards and to maintain the continuing airworthiness of aircraft registered in Australia, particularly when the State of Design issues corresponding directives. This legislative framework ensures that Australia meets its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides a framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products and are mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument and can be disallowed under section 46A of the Acts Interpretation Act 1901. This regulatory approach aligns with the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for the airworthiness of an individual aircraft. In the case of New Zealand, which is the State of Design for Robin Aviation series aircraft, CASA has issued an Australian AD/ROBIN/28, Amendment 2, in response to New Zealand's AD DCA/R2000/24A, effective from 5 June 2008. This directive cancels and replaces the previous issue, reflecting Australia's commitment to international safety standards. Given the nature of these directives, no public consultation or Regulatory Impact Statement has been required.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 recognises ADs as legislative instruments, with subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 stating that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The issuing of ADs is governed by the State of Design’s responsibility under Annex 8 to the Convention on International Civil Aviation to maintain the continuing airworthiness of an aircraft type, and its obligation to provide necessary information to the State of Registry. The State of Registry, in this case CASA, must ensure the continuing airworthiness of the aircraft by developing or adopting relevant requirements. When the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. For instance, the New Zealand Civil Aviation Authority (NZCAA) issued AD DCA/R2000/24A concerning Robin Aviation series aircraft, and CASA subsequently issued Australian AD/ROBIN/28, Amendment 2, which will take effect on 5 June 2008.
There are no obligations for the Australian public to be consulted on this AD, as it is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with an AD may result in severe consequences. Under section 90A of the Civil Aviation Act 1988, an aircraft that does not comply with an AD is considered unsafe and cannot be registered, and any flight certificates issued for that aircraft may be revoked. Furthermore, operating an aircraft that does not comply with an AD can result in a civil penalty of up to $132,000 for individuals and $660,000 for corporations, as per section 90C of the Act. In addition to these civil penalties, CASA may impose administrative penalties under section 84A(5) of the Act, which can include fines of up to $11,000 for individuals and $55,000 for corporations. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.