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 issued AD 2008-12-16 affecting M7 Aerospace SA226 and SA227 model aircraft. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/SWSA226/96 Amendment 1, will become effective on 25 September 2008. 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 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to create regulations for the safety of air navigation, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. This regulatory framework is designed to maintain and ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The problem or gap this legislation addresses includes the need for consistent and standardised safety measures across the aviation industry, particularly in relation to the ongoing maintenance and certification of aircraft. The policy objective is to ensure that Australian aviation practices comply with international standards and maintain the highest safety benchmarks.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure safety in air navigation. These ADs serve as legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901. They are integral to maintaining the continuing airworthiness of aircraft types as outlined in Annex 8 of the Convention on International Civil Aviation, with the State of Design bearing the primary responsibility. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate ADs from the State of Design and, if necessary, issue corresponding Australian ADs. This process ensures compliance with international standards and addresses specific safety concerns identified by the relevant State of Design. For instance, CASA amended an Australian AD for M7 Aerospace SA226 and SA227 model aircraft to correct a typographical error, reflecting the authority's commitment to safety and alignment with international obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs serve as a critical means of communicating necessary safety information to ensure the continuing airworthiness of aircraft types. For instance, when the United States Federal Aviation Administration (FAA) issues an AD for a particular aircraft type, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD. This ensures that Australian aircraft comply with the same safety standards set by the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to meticulously assess the ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. The State of Registry, which in the case of Australia is CASA, must ensure that aircraft registered within its jurisdiction meet the continuing airworthiness standards. This obligation is not only a matter of national safety but also aligns with Australia’s commitments under the Convention on International Civil Aviation. Consequently, when a State of Design issues an AD, CASA is mandated to review and, if appropriate, issue an equivalent AD for aircraft registered in Australia.
Failure to comply with the ADs issued by CASA can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties. Specifically, under section 94 of the Act, CASA can impose fines up to $33,000 per offence for an individual and up to $165,000 for a body corporate. In addition to financial penalties, non-compliance can also lead to criminal charges, where CASA can prosecute the offender in a court of law. Such prosecutions can result in further penalties, including imprisonment, depending on the severity of the offence and the discretion of the court.
Furthermore, the issuance of ADs under the Civil Aviation Safety Regulations 1998 does not typically require consultation with the public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This is because ADs are considered a direct response to international obligations and safety concerns, which necessitate swift and decisive action. The ADs are issued by authorised personnel, such as the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988. This process ensures that ADs are implemented effectively to maintain the highest standards of aviation safety.