CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 UK CAA has issued AD G-2005-0013 affecting Shorts SD3-60 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SD3-60/68, Amendment 1, which will become effective on 4 August 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, as amended, serves as the foundational piece of legislation for regulating civil aviation in Australia, addressing issues pertaining to the safety, efficiency, and orderly development of civil aviation. One of its provisions allows for the creation of regulations to ensure the safety of air navigation. Complementing this Act, the Civil Aviation Regulations 1998 provide further detail and operational guidelines. Within this framework, the issuance of airworthiness directives (ADs) plays a critical role in maintaining the continuing airworthiness of aircraft. These directives are legislative instruments made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The policy objective of these ADs is to ensure that aircraft meet continuing airworthiness standards, aligning with international obligations under the Convention on International Civil Aviation. CASA issues these ADs in response to directives from the State of Design or based on its own assessment, thereby fulfilling Australia's commitment to international standards and ensuring the safe operation of aircraft within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1998 establish the legislative framework for airworthiness directives (ADs) in Australia, providing authority for the Civil Aviation Safety Authority (CASA) to issue such directives to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to further the Act's objectives, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, aim to maintain the continuing airworthiness of aircraft in compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of an aircraft type, and CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the relevant State of Design by assessing and, if necessary, issuing corresponding Australian ADs. This process ensures that Australian-registered aircraft meet the necessary safety standards. Notably, ADs such as the one issued by CASA in response to an AD from the UK Civil Aviation Authority concerning Shorts SD3-60 aircraft do not require public consultation or a Regulatory Impact Statement, as they are mandated by international obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the safety of air navigation, and the Civil Aviation Regulations 1998 (regulation 39.001) empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) further specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these legislative provisions, CASA is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This includes assessing any ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. For example, the UK Civil Aviation Authority (CAA) issued AD G-2005-0013 for Shorts SD3-60 model aircraft, with the UK being the State of Design. CASA assessed this directive and issued Australian AD/SD3-60/68, Amendment 1, which supersedes previous versions and became effective on 4 August 2005.
The obligations of CASA, as the national airworthiness authority, include monitoring and enforcing the airworthiness standards set by international agreements such as Annex 8 to the Convention on International Civil Aviation. This means CASA must ensure that any ADs issued by the State of Design are appropriately adopted and enforced in Australia. Additionally, the State of Registry (in this case, Australia) has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Failing to comply with an AD can result in serious legal and safety consequences. The Civil Aviation Act 1988 and associated regulations outline potential penalties for non-compliance, including substantial fines and imprisonment. The specifics of these penalties are not detailed in the text but can be found in the relevant sections of the Act and the Civil Aviation Regulations 1998. CASA enforces these directives rigorously to maintain the safety standards required by international and domestic aviation laws.