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 has issued AD 2006-0037 affecting Dassault Aviation F50, F900 and F900EX aeroplanes. CASA has assessed this AD and has issued Australian AD/AMD 50/34, which will become effective on 11 May 2006.
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 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 Australian Parliament, is the primary legislation governing civil aviation within Australia. It establishes a regulatory framework to ensure the safety, efficiency, and orderly development of civil aviation. The Act was introduced to address the need for a comprehensive legal structure to govern the burgeoning field of civil aviation, aiming to balance safety with the facilitation of aviation activities. Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation, and these regulations are integral to maintaining high safety standards. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the requirements for airworthiness directives (ADs), which are legislative instruments used to mandate safety measures for aircraft and aeronautical products. These directives are essential for ensuring the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues ADs based on assessments of information from the State of Design, ensuring that Australian aviation standards remain consistent with international safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This authority is exercised in accordance with section 98 of the Civil Aviation Act 1988, with ADs being considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. These directives are integral to the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the airworthiness of aircraft types, while the State of Registry, in this case CASA as Australia’s national airworthiness authority, must implement and enforce these directives. The application of ADs is geographically extensive, affecting aircraft registered in Australia and adhering to international standards set by ICAO Contracting States. Although ADs do not require public consultation or a Regulatory Impact Statement, they are meticulously assessed and issued by CASA, reflecting Australia’s commitment to international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that contribute to the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on CASA and other parties are significant. The State of Design, which is the country where the aircraft was originally designed, has the responsibility to ensure the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry, such as Australia. CASA, as Australia's national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that aircraft registered in Australia meet international safety standards and comply with relevant safety directives.
Failure to comply with the requirements set out in an AD can have serious consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the text, it is clear that the ADs are designed to enforce compliance with airworthiness standards, which are critical for the safety of air navigation. The European Aviation Safety Authority's AD 2006-0037, for example, was assessed by CASA and resulted in the issuance of Australian AD/AMD 50/34, which became effective on 11 May 2006. Non-compliance with such directives could potentially result in penalties under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, although the exact penalties are not specified in the text.
Given that ADs are issued in response to international obligations and the need for uniform airworthiness standards, there is no requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued by authorised personnel within CASA, such as the Manager, New Technologies and Systems, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that ADs are issued promptly and effectively to maintain the safety and airworthiness of aircraft registered in Australia.