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 2006-0219R1 affecting Avions de Transport Régional ATR 42 model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ATR 42/19, which will become effective on 27 September 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, 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 provide a comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it serves as the foundational legislation under which various aviation-related activities are governed in Australia. The Civil Aviation Safety Regulations 1998, which fall under this Act, detail specific safety requirements and processes, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are critical for maintaining the continuing airworthiness of aircraft and are issued in compliance with international standards set by the Convention on International Civil Aviation. The policy objective behind these regulations is to align Australian civil aviation practices with international safety standards, ensuring that aircraft operating in Australian airspace meet rigorous safety criteria.
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. These ADs are legislative instruments, subject to disallowance and the requirements of the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft types, as per the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. States of Design, such as the European Aviation Safety Agency (EASA), hold the primary responsibility for the airworthiness of aircraft types, while States of Registry, like Australia, must adopt and enforce these requirements domestically. CASA, as Australia’s national airworthiness authority, issues Australian ADs when necessary, ensuring compliance with international standards and obligations. For example, in response to EASA's AD 2006-0219R1 concerning the ATR 42 model aircraft, CASA issued Australian AD/ATR 42/19, effective from 27 September 2007. This process does not require public consultation or a Regulatory Impact Statement, as it adheres to established international protocols and is made in accordance with the Civil Aviation Act.
Key Provisions
The main operative sections of this legislation pertain to the issuance and enforcement of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the 1998 Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Section 39.001(5) further clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus categorising them as legislative instruments. This legal framework is designed to ensure that aircraft maintain their airworthiness standards in line with international obligations and safety protocols.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily rest on CASA as Australia's national airworthiness authority. CASA must assess information from the State of Design, such as the European Union Aviation Safety Agency (EASA), and determine whether an AD issued by another state is applicable to aircraft registered in Australia. If deemed necessary, CASA must issue corresponding ADs to mandate the required safety measures for Australian-registered aircraft. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. These obligations ensure that all parties involved adhere to internationally recognised safety standards.
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, establish the framework for issuing ADs. Under this regulation, CASA has the authority to issue ADs that are legally binding on the parties they govern. The State of Design, such as the EASA, holds the primary responsibility for issuing ADs for aircraft types, while CASA must validate and, if necessary, issue corresponding ADs for Australian-registered aircraft. Failure to comply with these ADs can lead to severe consequences, including potential penalties for non-compliance. The legislative framework ensures that all stakeholders are aware of their responsibilities and the consequences of failing to meet airworthiness standards.
In terms of offences and penalties, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline significant consequences for breaches. Non-compliance with ADs can result in both civil and criminal penalties. For civil aviation offences, the penalties can include fines and imprisonment, depending on the severity of the breach. For instance, under section 36 of the Civil Aviation Act 1988, an individual found guilty of an offence can be subject to fines up to a certain maximum amount and imprisonment for a specified period. The specific penalties are detailed within the respective sections of the Act and Regulations, ensuring that all parties understand the legal ramifications of non-compliance. This robust legal framework aims to maintain the highest safety standards in civil aviation.