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 European Aviation Safety Authority (EASA) has issued AD 2006-0147 affecting Falcon 10 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AMD 10/22, Amendment 1, which will become effective on 3 August 2006. 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 safety and regulation of civil aviation in Australia. This Act empowers the Governor-General to create regulations for the safety of air navigation, with the overarching goal of ensuring public safety and the integrity of air travel. One of the significant instruments created under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The purpose of these ADs is to maintain the continuing airworthiness of aircraft as required by international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of aircraft types, while the State of Registry, in this case CASA, ensures that individual aircraft meet safety standards. The issuance of an AD by CASA, such as AD/AMD 10/22, Amendment 1, reflects Australia's commitment to international safety standards and the need to mandate specific safety requirements for aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework under which airworthiness directives (ADs) can be issued in Australia to ensure the safety of air navigation. Pursuant to section 98 of the Act, and more specifically regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance. In the context of international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. Consequently, when the European Aviation Safety Authority (EASA) issues an AD for a type of aircraft on the Australian Register, CASA is required to assess this information and issue an Australian AD if appropriate. In this specific case, CASA has issued Australian AD/AMD 10/22, Amendment 1, in response to EASA’s AD 2006-0147 for the Falcon 10 model aircraft, which will take effect on 3 August 2006. Given the international nature of this AD and its basis in treaty obligations, no public consultation was conducted, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is not required.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This power is exercised in the interests of safety as outlined in section 98 of the Civil Aviation Act 1988. An AD is a legislative instrument, as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is governed by the Legislative Instruments Act 2003.
These ADs impose obligations on CASA and the State of Registry to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design—the country responsible for the aircraft type—and issuing Australian ADs if necessary. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation.
Failure to comply with an AD can lead to serious consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs, but non-compliance generally results in potential safety risks and can lead to enforcement actions by CASA. This may include grounding the aircraft, imposing fines, or taking legal action against the operator or owner of the aircraft for failing to comply with safety regulations. The exact penalties would depend on the specific circumstances and the severity of the non-compliance.