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.
EASA has issued AD 2006-0286-E affecting oxygen equipment. EASA is the State of Design for this type of equipment. CASA has assessed this AD and as a result has issued AD/OXY/20 which now cancels the actions required by Australian AD/SA 315/1. The cancellation will become effective on 26 September 2006.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, ensuring safety and efficiency in the aviation industry. The Act provides the framework for the creation of regulations that support its objectives, including the issuance of airworthiness directives to ensure the continuing airworthiness of aircraft and aeronautical products. One such regulation, the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain kinds of aircraft or aeronautical products. These directives are legislative instruments that can be disallowed by Parliament and must adhere to the obligations Australia has under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to provide information necessary for the continuing airworthiness of an aircraft type. The policy objective is to harmonise Australia's airworthiness standards with international practices, thereby ensuring the safety of air navigation in alignment with global standards.
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 specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives apply to entities involved in the aviation industry, specifically those responsible for the maintenance and operation of the affected aircraft or aeronautical products. The scope of the ADs extends nationally across Australia, reflecting the federal jurisdiction of civil aviation in the country. However, these regulations do not exempt any particular entity or type of aircraft from their purview unless explicitly stated in the ADs themselves. Any exclusions or exemptions would be detailed within the specific ADs issued by CASA. Furthermore, the ADs can be extended or restricted through subordinate instruments, aligning with the overarching framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(1)). These ADs serve as formal instructions to ensure the ongoing airworthiness of aircraft, which is a crucial aspect of maintaining safety standards in air navigation (98). Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, thus categorising it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Entities governed by the Civil Aviation Act 1988, such as aircraft operators and manufacturers, have specific obligations under these regulations. For example, the State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide any necessary information to ensure that the aircraft type remains airworthy. This includes issuing ADs to address any identified issues (Annex 8). Similarly, the State of Registry, which is responsible for the airworthiness of individual aircraft, must adopt or develop requirements to maintain airworthiness, which includes complying with any ADs issued by the State of Design. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements set forth by the State of Design for aircraft registered in Australia.
Failure to comply with the provisions of the ADs can result in serious consequences. Civil penalties may be imposed for non-compliance, and in severe cases, criminal penalties could apply. The exact penalties depend on the nature and severity of the breach but can include substantial fines and, in the case of criminal offences, imprisonment. For example, under section 26 of the Civil Aviation Act 1988, a person who contravenes a direction issued under the Act may be liable for penalties, including fines that can amount to significant sums, reflecting the seriousness of compromising air safety.
Given the international nature of aviation, these ADs often align with directives issued by other international civil aviation authorities, such as the European Union Aviation Safety Agency (EASA). For instance, EASA's AD 2006-0286-E concerning oxygen equipment has been assessed by CASA, leading to the issuance of AD/OXY/20, which supersedes the previous Australian AD/SA 315/1. This highlights the interconnected regulatory framework that ensures a consistent approach to airworthiness across different jurisdictions. Given the international obligations and the nature of the AD as a legislative instrument, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary by the Office of Regulatory Review.