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 2007-0032 affecting Dassault Aviation Falcon 900EX and 900DX model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/40, which will become effective on 12 April 2007.
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 Parliament of Australia, establishes the framework for the regulation of civil aviation within Australia, with a particular focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act and for the safety of air navigation. One of the significant instruments under this framework is the Civil Aviation Safety Regulations 1998, which, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the responsibility to assess and implement airworthiness directives issued by other States of Design, such as the European Aviation Safety Agency (EASA), ensuring compliance with Australia's international obligations and domestic safety requirements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001, with such directives being legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These ADs apply to specific types of aircraft or aeronautical products, aimed at ensuring the safety of air navigation in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn must implement measures to ensure the continuing airworthiness of registered aircraft. In the case of ADs issued by the European Aviation Safety Agency (EASA) concerning Dassault Aviation Falcon 900EX and 900DX model aircraft, CASA evaluates and, if appropriate, issues corresponding Australian ADs, such as AD/AMD 50/40, which became effective on 12 April 2007. These directives are issued under Australia’s obligations under international conventions and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. One such regulation is 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus, they are also legislative instruments under section 6 of the Legislative Instruments Act 2003.
Entities governed by these provisions, particularly CASA, are obligated to adhere to international standards set forth by the International Civil Aviation Organization (ICAO). The State of Design, which in this context refers to the European Aviation Safety Agency (EASA) for Dassault Aviation Falcon 900EX and 900DX models, holds the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to ensure their airworthiness. The State of Registry, which for Australian-registered aircraft is CASA, is tasked with developing or adopting requirements to ensure the ongoing airworthiness of aircraft. When the State of Design issues an AD, CASA must assess the information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design.
Failure to comply with these airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions, including fines and potential prosecution. The specific penalties for breaches are not detailed in the provided text, but typically, such violations could attract significant financial penalties and may also result in the grounding of non-compliant aircraft. These measures ensure that all aircraft operating within Australian jurisdiction maintain the highest standards of safety and airworthiness.