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 2007-0164 affecting ATR 42 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/ATR 42/17, 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 by the Parliament of Australia, addresses the regulation of civil aviation in Australia with the overarching goal of ensuring safety and efficiency in air navigation. The Act provides the authority for the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the power to issue ADs for specific kinds of aircraft or aeronautical products to ensure their continuing airworthiness. These ADs, which are legislative instruments, are mandated by Australia's international obligations under the Convention on International Civil Aviation and serve to maintain the safety standards of aircraft registered in Australia. This legislative framework is designed to uphold the State of Registry's responsibility for the continuing airworthiness of aircraft, ensuring compliance with international standards set forth by the State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide the legislative framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the Act, with the objective of enhancing air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The ADs are primarily intended to address the continuing airworthiness of aircraft, in line with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for an aircraft type's airworthiness and must provide necessary information to States of Registry. The State of Registry, in this case CASA, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft, which includes issuing Australian ADs in response to ADs from the relevant State of Design. Given that these ADs are mandated by international obligations and issued in response to directives from the State of Design, no public consultation or Regulatory Impact Statement is required. The issuance of ADs, such as AD/ATR 42/17 in response to EASA's AD 2007-0164, is conducted by CASA's Manager, Airframes within the Manufacturing, Certification and New Technologies Office.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, as mentioned in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003. ADs are critical tools in maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design with the responsibility for ensuring the ongoing airworthiness of a particular aircraft type. The State of Registry, in this case, Australia, must develop or adopt necessary requirements to uphold the continuing airworthiness of aircraft registered within its jurisdiction.
Under this regulatory framework, CASA, as Australia's national airworthiness authority, is mandated to assess information provided by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design. This was exemplified by CASA's issuance of Australian AD/ATR 42/17 in response to EASA's AD 2007-0164 concerning ATR 42 model aircraft. As this action is in line with Australia's commitments under the Convention on International Civil Aviation and is a direct response to a State of Design's AD, no public consultation was required. Moreover, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement.
The obligations imposed by these provisions on the relevant parties are multifaceted. CASA must vigilantly monitor ADs issued by the States of Design and assess their applicability to aircraft registered in Australia. If an AD is deemed necessary, CASA must promptly issue an Australian AD to ensure compliance with the safety standards set by the State of Design. Furthermore, the State of Registry, which in this context is Australia, must implement the ADs to maintain the airworthiness of the aircraft within its registry. This includes ensuring that all relevant stakeholders, such as aircraft operators and maintenance providers, are aware of and comply with the ADs.
Failure to comply with the ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance can result in both civil and criminal penalties. Civil penalties may include fines, with the maximum penalty varying based on the severity of the breach. For example, under section 55(1) of the Act, a person can be fined up to 5,000 penalty units for serious breaches. In criminal cases, under section 55(2), a person can face imprisonment for up to two years for offences involving non-compliance with airworthiness directives. These penalties underscore the importance of adhering to the ADs to ensure the safety and airworthiness of aircraft operating within Australian jurisdiction.