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 2007-0263 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 42/20, which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, 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 introduced to establish a comprehensive regulatory framework for civil aviation, ensuring the safety and efficiency of air navigation within Australia. Under section 98, the Governor-General is empowered to make regulations that serve the interests of aviation safety. This Act is underpinned by the objective of maintaining and enhancing the safety of air navigation, reflecting Australia's commitment to international civil aviation standards. The Civil Aviation Safety Regulations 1998 further detail the implementation of safety measures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. These regulations are designed to mandate safety requirements, thereby upholding the continuing airworthiness of aircraft as stipulated under the Convention on International Civil Aviation. The issuance of ADs, such as AD/ATR 42/20 in response to EASA's AD 2007-0263, demonstrates Australia's adherence to international obligations and its commitment to ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation safety in Australia, with particular emphasis on the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring that safety standards are consistently met across the aviation industry. Airworthiness directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are recognised as the standard means of conveying continuing airworthiness information internationally. The responsibility for the continuing airworthiness of aircraft types falls on the State of Design, while the State of Registry must ensure the ongoing compliance of individual aircraft with safety standards. CASA, as Australia’s national airworthiness authority, is mandated to issue Australian ADs when necessary, reflecting obligations under the Convention on International Civil Aviation and responding to directives issued by the relevant State of Design. Notably, such ADs do not require public consultation or a Regulatory Impact Statement, and are issued by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations in the interest of air navigation safety. Section 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the State of Design, which is responsible for the continuing airworthiness of a particular aircraft type, must provide necessary information to ensure that type’s airworthiness to States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, is obligated to develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. CASA, acting as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the original AD. For example, in the case of the EASA issuing AD 2007-0263 affecting ATR 42 model aircraft, CASA assessed the directive and issued Australian AD/ATR 42/20, effective from 25 October 2007.
There are specific consequences for breaches of these regulations. While the Act and the Regulations do not explicitly detail offences, penalties, or specific consequences for non-compliance with airworthiness directives, general aviation laws and regulations in Australia would apply. Non-compliance with ADs can result in significant civil and criminal penalties, including fines and imprisonment. In particular, under the Civil Aviation Act 1988, failure to comply with an AD can be considered an offence, leading to potential criminal liability. The exact penalties can vary, but they may include substantial fines for corporations and individuals alike, along with potential imprisonment terms, depending on the severity and impact of the non-compliance.