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 2006-0270 affecting Dassault Aviation Falcon 900 and900EX model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/38, which will become effective on 26 October 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 Commonwealth Parliament, was established to regulate civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to create regulations that serve the interests of aviation safety. The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and potentially mandated by CASA to maintain the continuing airworthiness of aircraft registered in Australia, in line with international standards and obligations under the Convention on International Civil Aviation.
The problem this legislation addresses is the need to ensure that all aircraft operating in Australian airspace meet consistent and internationally recognised safety standards. Given the global nature of aviation, it is crucial that Australian authorities respond to directives issued by other countries responsible for the design of aircraft types, ensuring compliance with international protocols. This approach helps maintain a high standard of safety in civil aviation and upholds Australia's commitments under international aviation agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, confer upon the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as authorised under section 98 of the Civil Aviation Act 1988. This authority is exercised in the interest of ensuring the safety of air navigation. The scope of these directives applies to all aircraft and aeronautical products that fall within the specified categories, thereby affecting aircraft manufacturers, operators, and other relevant entities engaged in the aviation industry. The geographic reach of these regulations is national, encompassing all aircraft registered within Australia and adhering to the international standards set by the Convention on International Civil Aviation, particularly under Annex 8. Notably, ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. Given the international nature of aviation, ADs issued by CASA in response to directives from the State of Design, such as the European Union's EASA, do not necessitate public consultation and are deemed not to require a Regulatory Impact Statement by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, through section 98, authorises the Governor-General to make regulations that promote the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as stated in section 6 of the Legislative Instruments Act 2003. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument as defined in section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and the accompanying regulations on the entities they govern are significant. The State of Design, which in this context is the European Union Aviation Safety Agency (EASA) for certain Dassault Aviation Falcon 900 and 900EX model aircraft, holds the primary responsibility for the continuing airworthiness of the aircraft type. Under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to the States of Registry. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the requirements set out in an AD may result in severe consequences. While the specific penalties are not detailed in the provided text, breaches of airworthiness regulations generally carry significant civil or criminal penalties under Australian law. Such breaches can lead to fines, imprisonment, or both, depending on the severity and intent of the violation. The overarching aim of these provisions is to ensure that all parties involved in the operation and maintenance of aircraft adhere strictly to safety standards, thereby protecting public safety and maintaining the integrity of the aviation industry.
Given the international nature of airworthiness directives, CASA's role in assessing and issuing Australian ADs is crucial. This process ensures that Australian-registered aircraft meet international safety standards set by the relevant State of Design. As the ADs are issued in response to international obligations and assessments, they do not require public consultation or a Regulatory Impact Statement, streamlining the process while ensuring compliance with international aviation safety standards.