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 2006-0330-E affecting Dassault Aviation Mystere-Falcon 900 and Falcon 900EX model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/39, which will become effective on 31 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 was enacted to provide for the regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. Under the authority granted by section 98 of this Act, the Governor-General has the power to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In line with these objectives, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, aligning with international standards set by the Convention on International Civil Aviation and its annexes. The role of CASA, as Australia’s national airworthiness authority, is to assess and issue Australian ADs in response to directives from the State of Design, ensuring compliance with international safety standards and maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as authorised under section 98 of the Civil Aviation Act 1988. These ADs are integral to ensuring the safety of air navigation and are recognised as legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. CASA, as Australia's national airworthiness authority, assesses the ADs issued by the State of Design and may issue corresponding Australian ADs to enforce these requirements on aircraft registered within Australia. This regulatory framework applies to all aircraft and aeronautical products registered in Australia, thereby encompassing a wide range of entities, including aircraft manufacturers, operators, and maintenance providers. The geographic reach of these regulations is national, applying uniformly across Australia in accordance with international aviation standards and obligations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations. An AD is a legislative instrument as per section 46A of the Acts Interpretation Act 1901 and is governed under the Legislative Instruments Act 2003. These directives serve as a critical tool for ensuring the continuing airworthiness of aircraft in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA include the responsibility to assess information from the State of Design, which is the country where the aircraft was designed. CASA must evaluate the airworthiness directives issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with safety standards. The State of Registry, in this case Australia, must develop or adopt requirements to maintain the continuing airworthiness of aircraft. This involves ensuring that all relevant safety directives and amendments are implemented and enforced.
Failure to comply with the airworthiness directives can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to both criminal and civil penalties. The maximum penalties for contravening these regulations can include substantial fines and, in some cases, imprisonment. Such stringent measures underscore the importance of adhering to the airworthiness directives to maintain safety in air navigation. It is crucial for all parties governed by these regulations to be fully aware of their obligations to avoid these serious repercussions.