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 European Aviation Safety Authority (EASA) has issued AD 2006-0320-E affecting Dassault Aviation F900DX model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AMD 50/43, which will become effective on 20 December 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is the foundational piece of legislation governing aviation safety in Australia. Enacted to ensure the safety of air navigation, this Act allows the Governor-General to create regulations in the interests of aviation safety. Specifically, under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to provide a regulatory framework for airworthiness and safety. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The process of issuing such directives is crucial for ensuring that Australia meets its international obligations while maintaining high safety standards within its airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aimed at ensuring the safety of air navigation. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. The responsibility for the continuing airworthiness of aircraft types falls on the State of Design, which must provide necessary information to the States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs when appropriate. For example, in response to an AD issued by the European Aviation Safety Authority for the Dassault Aviation F900DX model, CASA issued Australian AD/AMD 50/43. This AD, issued under Australia's obligations under the Convention on International Civil Aviation and without public consultation, does not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the process and requirements for issuing airworthiness directives (ADs) which are critical for maintaining the safety and airworthiness of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to States of Registry.
The obligations imposed by the Act and the Regulations on parties and entities include ensuring the continuing airworthiness of aircraft. Specifically, the State of Design has the overarching responsibility for the airworthiness of an aircraft type, including the dissemination of relevant information to States of Registry. In Australia, CASA, acting as the national airworthiness authority, is required to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. For example, in response to the European Aviation Safety Authority's (EASA) AD 2006-0320-E affecting Dassault Aviation F900DX model aircraft, CASA issued Australian AD/AMD 50/43. This process ensures that Australian-registered aircraft meet international safety standards and complies with Australia's obligations under the Convention on International Civil Aviation.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose both civil and criminal consequences for non-compliance with ADs. Violation of these directives can result in significant penalties, including substantial fines and potential imprisonment. Under section 84A(2) of the Civil Aviation Act 1988, any person who fails to comply with an AD can be subject to enforcement actions by CASA. The exact penalties for non-compliance are determined by the severity of the breach and can include administrative penalties, as well as criminal charges in cases of gross negligence or willful misconduct. The legislative framework thus ensures that ADs are rigorously enforced to maintain the highest standards of aviation safety.