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 Swedish CAA has issued AD 1-199 affecting SAAB 340 model aircraft. Sweden is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SF340/98, which will become effective on 16 February 2006.
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 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 to provide a comprehensive legislative framework for civil aviation in Australia, addressing the need for safety and efficiency in the burgeoning aviation industry. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. One such regulation, established under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901. The primary objective of these regulations is to ensure that aircraft remain airworthy, thereby maintaining high safety standards in line with international obligations under the Convention on International Civil Aviation. CASA's role as Australia's national airworthiness authority involves assessing and, when necessary, issuing Australian ADs in response to directives from the aircraft's State of Design. This approach ensures compliance with international standards and facilitates the safe operation of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve to implement the continuing airworthiness requirements as per Annex 8 of the Convention on International Civil Aviation, with the State of Design having primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures the ongoing airworthiness of individual aircraft on the Australian Register. This framework ensures that Australia meets its international obligations and maintains high safety standards for aircraft operating within its jurisdiction. The issuance of specific ADs, such as the Australian AD/SF340/98 in response to Swedish AD 1-199, is directly tied to the responsibilities of the State of Design and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation safety in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a legislative instrument, as defined by section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations of the parties under these provisions include the State of Design’s responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of a type to the States of Registry. In the case of Australia, CASA, as the national airworthiness authority, must assess this information and issue an Australian AD if appropriate. This ensures that the requirements of the State of Design are adopted in Australia and enforced on aircraft registered here. The State of Registry, in this case, CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, which includes complying with ADs issued by CASA.
Failure to comply with the requirements of an AD can result in significant consequences. Under section 84A of the Civil Aviation Act 1988, CASA can issue an AD to mandate compliance, and non-compliance may result in the grounding of the affected aircraft, which can severely impact operations. Additionally, section 96 of the Act provides that any person who contravenes a provision of the Act or the Regulations is liable to a civil penalty, while section 126 makes it an offence to contravene certain provisions, with penalties including substantial fines or imprisonment. The precise penalties depend on the nature and severity of the breach, but they are designed to ensure strict compliance with aviation safety standards.