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 2008-0072 affecting DASSAULT AVIATION Mystère-Falcon 50, Mystère-Falcon 900, and Falcon 900EX aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/AMD 50/46, which will become effective on 28 August 2008.
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 Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and to provide a regulatory framework for civil aviation in Australia. This Act empowers the Governor-General to make regulations to safeguard the interests of air navigation safety. In particular, section 98 of the Act allows for the creation of regulations under the Civil Aviation Safety Regulations 1998, which in turn enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. This legislative framework ensures that Australia adheres to international standards set by the International Civil Aviation Organization (ICAO) and maintains the continuing airworthiness of aircraft registered within the country. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are issued in response to international obligations and directives from the State of Design, without necessitating public consultation or a Regulatory Impact Statement. The ADs play a crucial role in harmonising national regulations with international standards, thereby enhancing the overall safety and efficiency of civil aviation.
Scope and Application
The Civil Aviation Act 1988 applies to all aspects of civil aviation within Australia, encompassing aircraft, aeronautical products, and related industries, ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of aviation safety, with regulation 39.001 specifically allowing 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, subject to disallowance and oversight by the Legislative Instruments Act 2003. Geographically, the Act applies to all aircraft registered in Australia, regardless of the aircraft's State of Design, ensuring that Australian airworthiness standards are upheld in line with international obligations under the Convention on International Civil Aviation. The application of ADs is further detailed in the Civil Aviation Safety Regulations 1998, which outline the procedures for assessing and issuing such directives in response to international standards and recommendations from the State of Design. Exemptions or exclusions from ADs are not specified in the text, indicating that the directives apply universally to the designated aircraft types unless otherwise noted by CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those for safety, in the interests of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for certain types of aircraft or aeronautical products. This regulatory power is grounded in the broader international framework, where the State of Design of an aircraft type holds the primary responsibility for ensuring the continuing airworthiness of that type, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions include the requirement for CASA to assess any airworthiness directives issued by the State of Design and to issue corresponding Australian ADs if necessary. This process ensures that Australian-registered aircraft meet international safety standards. Furthermore, the State of Registry of each aircraft, which in this case is CASA, must develop or adopt regulations that ensure the continuing airworthiness of aircraft registered in Australia. This obligation extends to incorporating relevant international directives into domestic regulations to maintain consistency with global safety standards.
Failure to comply with airworthiness directives can result in significant legal consequences. Breaches of ADs may be considered civil contraventions under the Civil Aviation Act 1988, leading to penalties such as fines or, in severe cases, prosecution. The Act stipulates that non-compliance can also result in the grounding of an aircraft, which has severe implications for operators. The maximum penalties for civil contraventions under the Act include fines of up to $1.65 million for corporations and $330,000 for individuals, underscoring the importance of adherence to these directives. Furthermore, criminal penalties may apply for more egregious violations, potentially leading to imprisonment, depending on the severity and intent behind the breach.