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 EASA has issued AD 2008-0072 affecting DASSAULT AVIATION Falcon 10 aircraft. France is the State of Design for this aircraft. CASA has assessed this AD and has issued Australian AD/AMD 10/27, which will become effective on 28 August 2008.
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, New Technologies and Systems, 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 for the safety, efficiency, and orderly growth of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are legislative instruments, as stipulated by the Legislative Instruments Act 2003, and are crucial for maintaining the continuing airworthiness of aircraft as per international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs ensure that the State of Registry, in this case CASA, can mandate the necessary requirements derived from the State of Design, which is responsible for the overall continuing airworthiness of an aircraft type.
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 kinds of aircraft or aeronautical products. This legislative instrument applies to all entities and persons involved in the operation, maintenance, or manufacture of aircraft registered in Australia, as well as to the aeronautical products used within these activities. The scope extends to the entire Commonwealth of Australia, aligning with national and international aviation safety standards. ADs are issued in response to safety concerns identified by the State of Design or other contracting states under Annex 8 to the Convention on International Civil Aviation, ensuring compliance with international obligations. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. Instead, they are issued by CASA, Australia’s national airworthiness authority, to mandate the continuing airworthiness of aircraft types within the Australian Register. This legislative approach underscores the importance of international cooperation in maintaining aviation safety standards while ensuring that Australian aviation remains compliant with global regulatory frameworks.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are significant as they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments under the Legislative Instruments Act 2003.
Compliance with these airworthiness directives is mandatory for all parties governed by the Act, particularly for the State of Registry of an individual aircraft, which holds the responsibility for ensuring the aircraft's continuing airworthiness. CASA, as Australia's national airworthiness authority, has the obligation to assess any ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This process ensures that all aircraft within the Australian Register meet international safety standards.
Breach of these airworthiness directives can have serious legal consequences. The Civil Aviation Act 1988 does not explicitly outline penalties for non-compliance with ADs, but failure to adhere to these safety mandates can lead to enforcement actions by CASA, which may include fines, grounding of aircraft, or other regulatory measures. Additionally, under international conventions and agreements, such as Annex 8 to the Convention on International Civil Aviation, non-compliance can result in international sanctions and impact the reputation and operations of the involved parties.
The issuance of ADs such as AD/AMD 10/27, which became effective on 28 August 2008, is a direct result of Australia's obligations under international civil aviation agreements and the need to respond to ADs from the relevant State of Design. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and is executed by CASA in accordance with section 84A(2) of the Act.