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 French DGAC has issued AD 98-147-075(B) affecting ATR 42 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ATR 42/15, which will become effective on 30 August 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, Airframes 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 to govern and ensure the safety of air navigation in Australia, empowers the Governor-General to establish regulations that are integral to maintaining the safety of air navigation. This legislative framework is complemented by the Civil Aviation Safety Regulations 1998, which delegate to the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory approach aligns with the broader international framework under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of aircraft types and must furnish necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, plays a pivotal role in assessing such information and, where necessary, issuing corresponding Australian ADs to enforce the requirements stipulated by the State of Design. This legislative and regulatory mechanism ensures that Australia meets its international obligations and maintains a high standard of aviation safety.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products and are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901, and the process is regulated under the Legislative Instruments Act 2003. The scope of the ADs extends to ensuring the continuing airworthiness of aircraft types, with the State of Design having the primary responsibility under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must issue corresponding ADs when required by the State of Design, thereby enforcing compliance with international standards. For instance, in response to an AD issued by the French Directorate General for Civil Aviation (DGAC) concerning ATR 42 model aircraft, CASA issued Australian AD/ATR 42/15. Given the international nature of these ADs and their basis in international conventions, no public consultation or Regulatory Impact Statement is necessary.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations that align with the Act, specifically for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is a disallowable instrument as defined by section 46A of the Acts Interpretation Act 1901, and consequently, it is a legislative instrument under section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs, which are the most common form of continuing airworthiness information, are issued by most International Civil Aviation Organization (ICAO) Contracting States in accordance with Annex 8 to the Convention on International Civil Aviation.
The State of Design, which in this context is the country where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of that aircraft type and must provide necessary information to the States of Registry to ensure the aircraft's airworthiness. Meanwhile, the State of Registry, which is the country where the aircraft is registered, is responsible for the continuing airworthiness of individual aircraft within its registry. According to Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. In Australia, CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and, when appropriate, issues Australian ADs to mandate the requirements of the State of Design.
In the specific case of the French DGAC issuing AD 98-147-075(B) concerning ATR 42 model aircraft, France is the State of Design. CASA has evaluated this AD and issued Australian AD/ATR 42/15, which will become effective on 30 August 2007. This AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to the AD raised by the relevant State of Design. Consequently, no consultation of the Australian public has taken place on this AD, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose obligations on the parties or entities it governs, such as CASA, aircraft manufacturers, and operators. CASA is required to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements outlined by the State of Design. Aircraft manufacturers and operators must comply with the ADs that pertain to the types of aircraft they manufacture or operate. Failure to adhere to the ADs can lead to significant consequences, including civil penalties for non-compliance, potential grounding of non-compliant aircraft, and criminal charges for serious breaches, which can result in substantial fines and imprisonment. The specific penalties for breaches of the Civil Aviation Safety Regulations 1998 are not detailed in the provided text, but generally, civil penalties can range from fines up to $55,000 for individuals and $275,000 for corporations, while criminal penalties can include fines up to $275,000 and imprisonment for up to five years.