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 2006-0115 affecting Falcon50, 900 and 2000 series aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/35 and AD/F2000/16, which will become effective on 3 August 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 was enacted to regulate civil aviation in Australia and ensure the safety and efficiency of air navigation. Under the authority of this Act, the Governor-General can make regulations for the safety of air navigation, and the Civil Aviation Safety Regulations 1998 further outline these regulations, including the issuance of airworthiness directives (ADs). ADs are legislative instruments that mandate the requirements for continuing airworthiness of aircraft types, particularly in response to directives issued by the State of Design. This legislative framework ensures that Australia adheres to international standards as outlined in the Convention on International Civil Aviation, while also allowing the Civil Aviation Safety Authority (CASA) to implement necessary measures to maintain safety. The ADs in question, such as AD/AMD 50/35 and AD/F2000/16, have been issued following assessments by CASA in response to directives from the European Aviation Safety Agency (EASA), reflecting Australia's commitment to global aviation safety standards without necessitating public consultation.
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 types of aircraft or aeronautical products. These directives are legislative instruments that play a critical role in maintaining the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Act 1988 provides the statutory basis for these regulations, and the State of Design has the overarching responsibility for ensuring the airworthiness of an aircraft type. In line with Annex 8 of the Convention on International Civil Aviation, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the State of Design. This process ensures compliance with international standards and obligations. The ADs are issued without public consultation as they arise from Australia’s commitments under international aviation agreements. Furthermore, the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement, reflecting their targeted and necessary nature. The ADs are issued under the authority of the Manager, New Technologies and Systems, within CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. An AD is a legislative instrument that can be issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In this case, the European Aviation Safety Agency (EASA) issued AD 2006-0115 affecting Falcon50, 900 and 2000 series aircraft, which CASA has assessed and subsequently issued Australian AD/AMD 50/35 and AD/F2000/16 effective from 3 August 2006.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Design to provide necessary information to ensure continuing airworthiness, while the State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft within its registry. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and issue an Australian AD if appropriate. This ensures compliance with international standards and facilitates the maintenance of safe aircraft operations.
Breaches of the requirements set out in ADs can lead to serious consequences. Under section 404 of the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can be an offence. The maximum penalty for this offence is 500 penalty units for an individual and 2,500 penalty units for a body corporate. Additionally, under section 405, failure to comply with an AD can result in the grounding of an aircraft, which is a significant operational and financial penalty for operators. These provisions underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.