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 2006-0114 affecting Dassault Falcon 10 model aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/AMD 10/4 Amendment 1. The cancellation will become effective on 30 July 2009.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review 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 Group on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and related activities. Under section 98 of this Act, the Governor-General is empowered to create regulations that serve the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. This regulatory mechanism aligns with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the responsibility for an aircraft type’s continuing airworthiness and must provide necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, is mandated to assess this information and issue corresponding ADs to enforce the State of Design’s requirements. The policy objective of these regulations is to maintain and enhance the safety standards of civil aviation in Australia, in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. The Act applies to any person or entity involved in the operation or maintenance of aircraft registered in Australia, including commercial and private operators, aircraft manufacturers, and maintenance service providers. The scope of the Act extends to ensuring the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). Under regulation 39.001, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The application of these regulations is national in scope, with CASA responsible for implementing and enforcing compliance with ADs to ensure safety standards are met across the aviation industry. The ADs are issued in response to safety concerns identified by the relevant State of Design or State of Registry, as per Annex 8 of the Convention on International Civil Aviation, and do not typically require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs hold legal weight and are subject to specific regulatory processes.
These airworthiness directives are essential for ensuring the ongoing airworthiness of aircraft types, a responsibility that falls to the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to maintain the airworthiness of aircraft types registered in other states. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must then develop or adopt requirements to enforce these directives. In the context of Australia, CASA, as the national airworthiness authority, evaluates ADs issued by States of Design, such as the European Union Aviation Safety Agency (EASA), and issues corresponding Australian ADs if necessary. This ensures that Australian aircraft meet the required safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment of ADs issued by foreign authorities, such as the EASA. CASA must evaluate the content and relevance of these ADs to the Australian fleet and decide whether to issue corresponding Australian ADs. For instance, in the case of AD 2006-0114 affecting Dassault Falcon 10 model aircraft, CASA has cancelled Australian AD/AMD 10/4 Amendment 1, reflecting the EASA’s directive. This cancellation, effective from 30 July 2009, aligns with Australia’s obligations under the Convention on International Civil Aviation.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs is an offence, potentially leading to civil penalties or criminal charges. The specific penalties are not detailed in the provided text but can include substantial fines and imprisonment, depending on the severity of the breach and any associated harm. Ensuring adherence to ADs is critical to maintaining the safety standards required for air navigation within Australia.