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 2006-0149 affecting Falcon 50 and Falcon 900 model aircraft. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/17, 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, aims to provide for the regulation of civil aviation in Australia and to ensure the safety and efficiency of air navigation. One significant aspect of this Act is its provision for the creation of regulations that serve to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs). These ADs, which are legislative instruments, mandate safety requirements for aircraft and aeronautical products, thereby ensuring that the continuing airworthiness of aircraft is maintained in line with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The issuance of these directives is crucial in fulfilling Australia's obligations under the Convention on International Civil Aviation and ensuring compliance with safety standards set by the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively govern the issuance of airworthiness directives (ADs) in Australia, ensuring that all aircraft operating within the country's jurisdiction maintain an acceptable level of safety. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act's purposes, particularly for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, making these directives legislative instruments. These ADs are essential for ensuring the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is France for the Falcon 50 and Falcon 900 aircraft, holds the responsibility for providing necessary information to the States of Registry, which in Australia is managed by CASA. The issuance of these directives is conducted in compliance with Australia's international obligations, and while no public consultation is required, they are subject to the disallowance process under the Acts Interpretation Act 1901. This regulatory framework ensures that Australian ADs effectively address safety concerns identified by the relevant State of Design and are implemented to maintain the safety standards of civil aviation.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, grants the Governor-General the authority to create regulations that are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further elaborates on this by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations placed on entities by these regulations are significant. For instance, the State of Design, which is responsible for the initial design of the aircraft, must provide all necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. This is in accordance with 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 the aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing any ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements.
Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998, including the mandated ADs, can result in both civil and criminal consequences. While the specific penalties are not detailed in the provided text, it is common for breaches of aviation safety regulations to attract substantial fines and potential imprisonment for individuals found guilty of criminal offences. These penalties underscore the critical importance of adhering to the regulations to maintain the safety of air navigation.
Additionally, the issuing of ADs, such as the one by CASA in response to EASA's AD 2006-0149, is a direct result of international obligations under the Convention on International Civil Aviation. Given that these directives are issued in response to actions by the State of Design and are not subject to public consultation, the process is streamlined to ensure timely and effective implementation. The Manager, Airframes, within CASA's Manufacturing, Certification and New Technologies Office, has the authority to issue these directives in accordance with subsection 84A(2) of the Act.