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 United States FAA has issued AD 98-06-25 affecting M7 Aerospace LP SA226 and SA227 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SWSA226/84 Amdt 1, which will become effective on 30 July 2009. This AD supersedes 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency, and orderly development of aviation. This legislation was introduced to address the need for a comprehensive regulatory system that could manage the complexities of civil aviation operations within Australia and in compliance with international standards. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it was enacted by the Commonwealth Parliament with a policy objective to ensure the highest possible safety standards in civil aviation. In conjunction with the Civil Aviation Safety Regulations 1998, the Act facilitates the issuance of airworthiness directives to maintain the continuing airworthiness of aircraft, ensuring compliance with international conventions such as the Convention on International Civil Aviation.
In line with these legislative provisions, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulation under the Legislative Instruments Act 2003. The issuance of such directives is critical for Australia’s adherence to international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. CASA’s role as the national airworthiness authority involves assessing information from the State of Design and, where appropriate, issuing Australian airworthiness directives to enforce necessary safety measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and serve as a means for ensuring the continuing airworthiness of aircraft, a responsibility primarily held by the State of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. This Act applies to all aircraft registered in Australia and any entities or individuals involved in the operation, maintenance, or modification of these aircraft. The ADs are issued to mandate safety requirements that align with international standards, particularly when the State of Design issues corresponding directives. The application of these ADs is national, extending to all aircraft within Australia’s jurisdiction. While the ADs are issued pursuant to international obligations, they do not require public consultation or a Regulatory Impact Statement. Instead, CASA issues ADs based on assessments of directives issued by the relevant State of Design, ensuring compliance with international airworthiness standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Pursuant to this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that while ADs have the force of law, they can be disallowed by either House of Parliament.
The obligations imposed by this legislation on parties and entities include ensuring that the State of Design, such as the United States for the M7 Aerospace LP SA226 and SA227 series aircraft, provides necessary information for the continuing airworthiness of aircraft types. The State of Registry, such as Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft on its registry. CASA, as Australia’s national airworthiness authority, is responsible for assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements. This ensures that aircraft registered in Australia meet the necessary safety standards.
Failure to comply with an airworthiness directive can result in significant legal consequences. Under section 84A of the Civil Aviation Act 1988, any person who fails to comply with an AD may face civil penalties, which can include fines up to $12,600 for individuals and $63,000 for corporations. Additionally, non-compliance can result in criminal charges, leading to imprisonment for up to two years for individuals and $105,000 for corporations. These penalties underscore the importance of adhering to ADs to maintain aviation safety.