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 2006-0186 affecting Avions de Transport Regional 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 42/2, which will become effective on 2 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 Acting Manager, New Technologies and Systems, 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 Australian Parliament, was established to govern and regulate civil aviation within Australia, ensuring safety and efficiency in the industry. Under this Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain aircraft or aeronautical products. These directives, which are considered legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft, as mandated by the State of Registry and influenced by the State of Design under Annex 8 of the Convention on International Civil Aviation. The introduction of airworthiness directives such as AD/ATR 42/2, which responds to an AD issued by the European Aviation Safety Agency (EASA), underscores the collaborative international effort to uphold aviation safety standards. Given the nature and international obligations underpinning these directives, they do not typically require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products as per regulation 39.001, with such directives being considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. This legislative framework ensures that ADs, which are legislative instruments under the Legislative Instruments Act 2003, adhere to the international standards outlined in Annex 8 to the Convention on International Civil Aviation. The Act applies to aircraft registered in Australia and mandates that CASA, as the national airworthiness authority, must assess and implement ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA), to maintain the continuing airworthiness of aircraft types registered in Australia. Exemptions and thresholds for ADs are determined by CASA in line with international obligations and safety requirements, without the need for public consultation or a Regulatory Impact Statement as per the Office of Regulatory Review’s assessment.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
These provisions impose certain obligations on CASA and other entities involved in aviation safety. CASA, as Australia's national airworthiness authority, must assess airworthiness directives issued by the State of Design for aircraft types registered in Australia. If necessary, CASA is required to issue its own ADs to enforce the safety requirements determined by the State of Design. This ensures that Australian aircraft meet the international safety standards set by the State of Design, in this case, the European Aviation Safety Agency (EASA) for ATR 42 model aircraft.
Non-compliance with the requirements set out in an airworthiness directive can result in serious consequences. The Civil Aviation Act 1988 and associated regulations may impose both civil and criminal penalties for breaches. For instance, failing to adhere to an AD could lead to significant fines or even imprisonment, depending on the severity of the violation and its impact on safety. The specific penalties are determined by the relevant courts and can vary widely based on the nature of the offence and the circumstances surrounding it.
Given the international nature of air travel and the importance of harmonised safety standards, the ADs are issued without public consultation because they are based on Australia's obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design. Furthermore, the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, in accordance with the statutory requirements outlined in the Act.