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 2007-0073 affecting Dassault Aviation Falcon 900EX and 2000EX model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AMD 50/41 and AD/F2000/20 which will become effective on 10 May 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 Commonwealth Parliament, was designed to regulate civil aviation in Australia and ensure the safety and efficiency of air navigation. This legislation provides the legal framework under which the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These ADs are legislative instruments made under the authority granted by section 98 of the Act, aimed at ensuring the safety of air navigation. The Act allows CASA to mandate requirements for aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation, specifically through Annex 8, which assigns responsibility for the continuing airworthiness of aircraft to the States of Design and Registry. This legislative framework facilitates the adoption of necessary safety measures by ensuring compliance with international standards and the specific requirements of Australian airworthiness regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products, aligning with the overarching objective of ensuring the safety of air navigation as outlined in the Civil Aviation Act 1988. These ADs are legislative instruments and fall under the purview of the Acts Interpretation Act 1901. The geographic and jurisdictional reach of these regulations is national, as CASA is the designated authority for airworthiness in Australia. The ADs are designed to address the continuing airworthiness of aircraft, with the State of Registry being primarily responsible for this under Annex 8 of the Convention on International Civil Aviation. When a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD affecting aircraft registered in Australia, CASA must evaluate and, if necessary, issue a corresponding Australian AD. This ensures that the safety standards set by the State of Design are mandated in Australia. The ADs do not typically require public consultation or a Regulatory Impact Statement as they are responses to international obligations and specific design state directives. The ADs are made by CASA officials in accordance with the legislative framework, ensuring compliance with international standards and maintaining the safety of Australian airspace.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation, which includes the regulation of ADs. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as defined in section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and the Regulations on the parties involved include ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate State of Registry to ensure this. The State of Registry, in this case CASA as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This obligation ensures that Australian-registered aircraft comply with international safety standards and that the continuing airworthiness of these aircraft is maintained.
In terms of civil or criminal consequences for breach of the ADs, the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 do not explicitly detail the penalties for non-compliance. However, non-compliance with an AD can lead to serious safety risks, including potential grounding of the aircraft and legal action against the aircraft owner or operator. The consequences of such breaches can include fines, imprisonment, or both, depending on the severity of the non-compliance and the specific provisions of other applicable laws. The enforcement of ADs is crucial to maintaining the safety and integrity of the aviation industry in Australia.