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 UK CAA has issued AD G-2005-0021 affecting Shorts Model SD3-60 aircraft. UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SD3-60/69, which will become effective on 8 July 2005.
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, Airframes/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 by the Commonwealth Parliament to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently introduced to further detail the regulatory requirements, including the issuance of airworthiness directives (ADs). These regulations allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, aiming to maintain the continuing airworthiness of these aircraft in accordance with international standards set forth by the Convention on International Civil Aviation. The issuance of these directives is a response to Australia's obligations under the Convention, ensuring compliance with international safety standards and facilitating the coordination of safety measures across different contracting states.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework under which the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Under the Act, the Governor-General may make regulations for the purposes of the Act, specifically in the interests of the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs. These directives are designed to ensure the continuing airworthiness of aircraft, with the State of Design having overall responsibility for providing the necessary information to ensure that aircraft remain airworthy. The State of Registry is also responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet this obligation. When a State of Design issues an AD, CASA must assess this information and issue an Australian AD if appropriate. This process is mandated by Australia’s obligations under the Convention on International Civil Aviation and, as such, typically does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness in Australia. Section 98 of the Act allows the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on CASA and the States of Design and Registry. The State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type, providing necessary information to the States of Registry, which must then develop or adopt requirements to maintain airworthiness. When a State of Design, such as the UK, issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the original AD. This was the case with the UK's AD G-2005-0021 affecting Shorts Model SD3-60 aircraft, which CASA assessed and subsequently issued as Australian AD/SD3-60/69.
Failure to comply with ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act does not specify maximum penalties for breaching an AD, but general aviation offences can attract substantial fines and imprisonment. Additionally, non-compliance can lead to the grounding of an aircraft, which can have severe implications for the operator, including loss of revenue and potential damage to reputation. CASA also has the authority to take enforcement actions such as imposing fines, suspending or revoking airworthiness certificates, or taking legal action against non-compliant parties.