CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 French DGAC has issued AD F-2005-066 affecting Falcon 900 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AMD 50/33, which will become effective on 7 July 2005.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the need for ensuring the safety of air navigation and the regulation of civil aviation in Australia. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are legislative instruments, aim to maintain the continuing airworthiness of aircraft as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, issues Australian ADs in response to ADs issued by the State of Design, ensuring that Australian aircraft comply with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, establish the framework for ensuring the safety and continuing airworthiness of aircraft operating in Australian airspace. Under this legislative structure, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) in response to identified safety concerns regarding specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance with safety requirements, ensuring that aircraft meet the necessary standards for safe operation. The ADs are developed in accordance with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. In the specific case of the French-issued AD F-2005-066 for Falcon 900 model aircraft, CASA has assessed the directive and issued its own corresponding AD/AMD 50/33 to align with Australia’s obligations under international agreements and to ensure the safety of aircraft registered in Australia. The issuance of these directives does not typically require public consultation or a Regulatory Impact Statement, as they are a direct response to international obligations and safety imperatives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) which are crucial for maintaining the safety of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003, and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations require CASA to assess information provided by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards for airworthiness. This is particularly pertinent under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, such as France in the case of the Falcon 900 model aircraft, has the responsibility to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case, CASA, must then evaluate and implement these requirements for aircraft registered in Australia. For instance, following the issuance of AD F-2005-066 by the French DGAC, CASA assessed the directive and issued Australian AD/AMD 50/33, effective from 7 July 2005.
There are specific procedures governing the issuance of these ADs. Because ADs are issued in response to international obligations and specific directives from the State of Design, they do not require consultation with the Australian public. Additionally, the Office of Regulatory Review has determined that these ADs do not necessitate a Regulatory Impact Statement. The AD is formally made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Breaches of these ADs can lead to serious consequences. Non-compliance with ADs is considered a violation of the Civil Aviation Regulations, and may result in civil penalties, including fines, or criminal charges, depending on the severity of the breach. Under the Civil Aviation Act 1988, the maximum penalty for an individual convicted of an offence can be substantial, reflecting the critical importance of adhering to airworthiness directives. The specific penalties are determined by the severity of the offence and the courts have broad discretion in imposing fines or imprisonment, depending on the circumstances of the breach.