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 2009-0104 affecting Dassault Aviation Falcon 900EX model aircraft. The EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AMD 50/47, which will become effective on 30 July 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for ensuring the safety and efficiency of civil aviation in Australia. This Act grants the Governor-General the authority to make regulations for the safety of air navigation, enabling the establishment of critical safety standards and protocols. One such regulation is the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, which are legislative instruments designed to maintain the continuing airworthiness of aircraft. The policy objective of these regulations is to align Australia’s aviation safety standards with international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry in ensuring aircraft safety. The Civil Aviation Safety Authority (CASA) issues ADs in response to international directives, such as the one issued by the European Aviation Safety Authority (EASA) for the Dassault Aviation Falcon 900EX model aircraft, ensuring that Australian aviation safety standards are consistently upheld.
Scope and Application
The Civil Aviation (Airworthiness) Amendment Regulations 2009 (F2009L02778) pertains to entities and individuals involved in the aviation industry, particularly those operating aircraft within Australia. The regulations apply to all aircraft registered in Australia and are mandated by Australia's commitments under the Convention on International Civil Aviation. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for these regulations, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives to ensure the ongoing safety of air navigation. These directives serve as legislative instruments and must be issued in response to directives from the State of Design, ensuring that Australian aircraft comply with international airworthiness standards. Although the regulations apply nationally, their issuance and compliance requirements are guided by international conventions and the specific directives of the aircraft's State of Design. This approach ensures that the airworthiness directives are consistent with global safety standards and are directly applicable to the aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for air safety, and regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations are primarily focused on ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the design of an aircraft type, must provide necessary information to ensure the airworthiness of the aircraft. In turn, the State of Registry, which is responsible for the individual aircraft, must implement requirements to maintain the aircraft's airworthiness. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate these requirements. This process ensures that Australian aircraft meet international safety standards as set out by the Convention on International Civil Aviation.
In the case of the Dassault Aviation Falcon 900EX model aircraft, the European Aviation Safety Authority (EASA) issued an AD on behalf of France, the State of Design. CASA has assessed this directive and issued Australian AD/AMD 50/47, which will become effective on 30 July 2009. Because this AD is a response to international obligations and requirements, no public consultation has been conducted. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD in question was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Failure to comply with an AD can lead to significant legal and operational consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines, and in severe cases, criminal charges. The specific penalties can vary depending on the severity of the non-compliance and are determined by relevant courts. Ensuring adherence to these ADs is critical for maintaining the safety and airworthiness of aircraft operating in Australia.