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 Transport Canada has issued AD CF-98-15 affecting External Rescue Systems. Canada is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/SUPP/21, which will become effective on 25 September 2008.
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 provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The objective of these regulations is to ensure that aircraft remain airworthy and compliant with safety standards, in alignment with international obligations under the Convention on International Civil Aviation. The issuance of ADs is a critical tool for CASA to mandate requirements derived from the State of Design, thereby fulfilling Australia's responsibilities under international aviation agreements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are integral to ensuring the continuing airworthiness of aircraft registered in Australia. Under the authority granted by the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) can issue ADs for types of aircraft or aeronautical products to mandate safety measures, ensuring compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments and must be assessed and, if appropriate, issued by CASA, which acts as Australia's national airworthiness authority. The ADs apply to all aircraft and aeronautical products registered in Australia, and their issuance is often a direct response to similar directives issued by the aircraft's State of Design. This process ensures that Australian-registered aircraft meet international safety standards, with CASA assessing and implementing ADs as necessary. While the ADs are issued under specific international obligations and regulatory requirements, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. 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. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under the obligations set by Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry to maintain airworthiness. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, and must implement requirements to ensure this. In Australia, CASA, as the national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the State of Design's requirements.
There are specific obligations and requirements imposed on the parties governed by these regulations. CASA must evaluate the ADs issued by the State of Design and decide whether to issue an Australian AD to enforce the requirements. If CASA decides that an Australian AD is necessary, it must issue the directive to ensure compliance. The process does not involve public consultation as it is governed by international obligations and responses to directives issued by the State of Design. Additionally, ADs do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
The Civil Aviation Safety Regulations 1998 also outline the potential consequences for non-compliance with ADs. While specific offences and penalties are not detailed in the provided text, it is understood that failure to comply with an AD can lead to severe civil or criminal consequences. The exact nature of these consequences would depend on the severity of the non-compliance and the specific regulations in place. For instance, non-compliance with airworthiness directives can result in grounding of aircraft, fines, and other enforcement actions that CASA can take to ensure compliance with aviation safety standards.