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 Poland Civil Aviation Office (ULC) has issued AD SP-0004-2005-A affecting Warszawa-Okecie Model PZL-104 (Wilga) aircraft. Poland is the State of Design for Wilga series aircraft. CASA has assessed this AD and has issued Australian AD/WILGA/4, original issue, which will become effective on 14 June 2005.
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 - 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. Under this Act, the Governor-General is empowered to create regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives. These directives are crucial in maintaining the safety standards of aircraft and aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue such directives, which are considered legislative instruments under the Legislative Instruments Act 2003. This legislative process ensures that Australia complies with international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types designed and registered in other countries. The policy objective is to uphold high safety standards in alignment with international obligations, thereby safeguarding the integrity of Australia's aviation industry.
Scope and Application
The Civil Aviation 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 the safety of air navigation. These ADs, which are legislative instruments, are issued in accordance with the obligations Australia has under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design of an aircraft type holds responsibility for its continuing airworthiness. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce these requirements. For example, following an AD issued by Poland’s Civil Aviation Office for the Warszawa-Okecie Model PZL-104 (Wilga) aircraft, CASA issued Australian AD/WILGA/4, effective from 14 June 2005. These ADs apply to aircraft registered in Australia and aim to ensure the continuing airworthiness of these aircraft. Since these directives are issued in response to international obligations and specific design state requirements, they do not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, allow the Governor-General to make regulations for air navigation safety (section 98). Under regulation 39.001 of these Regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, defined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed on the parties governed by this Act are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the airworthiness of the type to the States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. In the context of Australia, when a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and issue an Australian AD if appropriate, to mandate the requirements of the State of Design.
Failure to comply with the airworthiness directives can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, it is understood that non-compliance with ADs can result in civil or criminal penalties. Typically, under Australian aviation law, non-compliance with ADs can result in fines, suspension or revocation of aircraft certificates, and potential criminal charges for serious breaches. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the relevant aviation regulations and any applicable civil or criminal laws.