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 DCA Malaysia has issued AD CAM AD 001-07-2007 affecting Eagle X-TS model aircraft. Malaysia is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/X-TS/8, which will become effective on 15 August 2007.
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 comprehensive framework for the regulation of civil aviation in Australia, addressing various safety and operational aspects of air navigation. Under section 98, the Act allows for the creation of regulations that are in the interests of the safety of air navigation, thereby empowering the Governor-General to establish such regulations. The Civil Aviation Safety Regulations 1998 further operationalise these provisions by, among other things, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as per regulation 39.001. These ADs are essential instruments for ensuring the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation, particularly Annex 8. The policy objective of these regulations is to maintain the highest safety standards in civil aviation, aligning with global best practices and ensuring that Australia meets its international commitments.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all aircraft and aeronautical products within Australia, regulating the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and regulation under the Legislative Instruments Act 2003. The ADs are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft’s continuing airworthiness. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This regulatory process ensures compliance with international safety standards without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 provides the legislative foundation for airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act empowers the Governor-General to enact regulations in the interest of air navigation safety, while subregulation 39.001(5) establishes that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft and aeronautical products.
The obligations imposed by the Act and regulations on the Civil Aviation Safety Authority (CASA) include the assessment and issuance of ADs when required. Specifically, when a State of Design, such as Malaysia, issues an AD for a type of aircraft registered in Australia, CASA must evaluate the AD and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that Australian aircraft comply with international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. Additionally, CASA must consider the information provided by the State of Design and act in accordance with its responsibilities under the Convention.
Failure to comply with ADs can result in serious legal consequences. The Act and the Regulations impose obligations on aircraft operators and owners to adhere to the requirements set forth in ADs. Non-compliance can lead to enforcement actions, which may include fines, the grounding of aircraft, or other regulatory penalties. The specific consequences for breaches depend on the nature and severity of the non-compliance but can include significant financial penalties and legal proceedings.
The AD CAM AD 001-07-2007 issued by the Director-General of Civil Aviation Malaysia for the Eagle X-TS model aircraft is an example of how international safety standards are integrated into Australian regulations. CASA has assessed this AD and issued the corresponding Australian AD/X-TS/8, which will come into effect on 15 August 2007. This process underscores the importance of international cooperation in maintaining aviation safety standards. Given the international obligations under the Convention on International Civil Aviation, no public consultation has been required for this AD, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.