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 FAA has issued AD 2005-06-13 affecting Fairchild Model SA226 and SA227 aircraft. USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/SWSA226/86, Amendment 2, which will become effective on 7 July 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/Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to provide a comprehensive legal framework for the safety and regulation of civil aviation in Australia. This Act was introduced to address the need for a robust regulatory system to ensure the safety of air navigation and the continuing airworthiness of aircraft. In line with the policy objective of maintaining high safety standards in civil aviation, the Civil Aviation Act 1988 empowers the Governor-General to make regulations that are essential for the safety of air navigation. The Civil Aviation (Airworthiness Directives) Instrument 2005, issued under the authority of the Act, illustrates the legislative process in action by detailing how the Civil Aviation Safety Authority (CASA) issues airworthiness directives in response to international obligations and to ensure the safety of aircraft registered in Australia. This directive, issued without public consultation as it aligns with Australia’s international commitments under the Convention on International Civil Aviation, underscores the importance of adhering to global standards in civil aviation safety.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, focusing on ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations that align with the Act’s objectives, particularly in terms of safety. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are intended to maintain or restore airworthiness. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. In practice, this means that when the United States, as the State of Design, issues an AD for specific aircraft types, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and specific safety concerns identified by the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations that are necessary for the safety of air navigation. This power is exercised through the Civil Aviation Regulations 1998, specifically under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 of the Convention on International Civil Aviation.
The obligations under these regulations are significant for both the State of Design and the State of Registry. The State of Design, which in this case is the United States of America for the Fairchild Model SA226 and SA227 aircraft, has the responsibility to issue ADs to ensure the safety and airworthiness of the aircraft type. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must assess these directives and, if appropriate, issue corresponding Australian ADs to enforce the necessary requirements. This ensures that all aircraft registered in Australia comply with the mandated safety standards.
Failure to comply with the requirements set forth in an AD can lead to serious consequences. While the Civil Aviation Act 1988 does not explicitly detail the specific offences or penalties for non-compliance with ADs, it is reasonable to infer that breaches could result in civil or criminal penalties. These penalties may include fines, imprisonment, or other legal actions that are typically associated with non-compliance with aviation regulations. The exact penalties would be determined by the courts based on the specific circumstances of the breach and applicable laws.
The legislative process for issuing such ADs is meticulously defined. The AD in question, AD 2005-06-13 issued by the Federal Aviation Administration (FAA) for Fairchild Model SA226 and SA227 aircraft, was assessed by CASA and resulted in the issuance of Australian AD/SWSA226/86, Amendment 2, which took effect on 7 July 2005. This AD replaced the previous version, ensuring that all relevant parties are updated with the latest safety requirements. Given that this AD was issued in response to international obligations and the relevant State of Design's directive, no public consultation was necessary, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not required. The AD was made by the Section Head - Airframes/Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.