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 2008-0062 affecting ATR - GIE Avions de Transport Régional ATR 42 series aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ATR 42/23, which will become effective on 18 April 2008.
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, Systems and New Technologies 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, serves to establish and regulate the safety and efficiency of civil aviation within Australia. The Act provides the framework for the oversight and management of air navigation safety, delegating the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These regulations mandate CASA to issue ADs for specific types of aircraft or aeronautical products to ensure compliance with safety standards. The ADs are legislative instruments that align with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The ADs are issued in response to directives from the State of Design or based on CASA's assessment of such directives, without necessitating public consultation, as they do not require a Regulatory Impact Statement. This legislative framework aims to harmonise Australian aviation safety practices with international standards, ensuring that aircraft registered in Australia meet stringent safety requirements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) under Australian law, with the Civil Aviation Safety Authority (CASA) empowered to issue these directives as part of their mandate to ensure the safety of air navigation. The Act and Regulations apply to any aircraft registered in Australia, as well as to aeronautical products and components that are subject to Australian aviation safety oversight. The geographic reach of these provisions is national, as CASA acts on behalf of the Commonwealth in matters of civil aviation safety. ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs issued by CASA are in response to international obligations under the Convention on International Civil Aviation and typically follow directives issued by the State of Design of the aircraft type, ensuring that Australian-registered aircraft meet continuing airworthiness standards as mandated by the relevant State of Design. Exemptions or exclusions from the application of these directives are not specified in the provided text, but it is clear that the issuance and implementation of ADs are integral to the regulatory framework governing the safety of civil aviation in Australia.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, outlines the framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001, respectively. An AD is a legislative instrument that mandates certain requirements for types of aircraft or aeronautical products to ensure the continuing airworthiness of those aircraft. In particular, section 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that an AD is a disallowable instrument, as per section 46A of the Acts Interpretation Act 1901, and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions empower the Civil Aviation Safety Authority (CASA) to issue ADs that align with international standards and ensure the safety of air navigation.
The obligations imposed by these regulations are significant. The State of Design, in this case France for the ATR 42 series aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to ensure the continuing airworthiness of the aircraft type. In turn, the State of Registry, which for Australian aircraft is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with an AD can result in severe consequences. The Civil Aviation Act 1988 imposes civil and criminal penalties for non-compliance with ADs. Specifically, under section 135 of the Act, any person who contravenes an AD commits an offence and is liable to a penalty. The maximum penalties for such offences can be substantial, with specific fines and imprisonment terms depending on the severity and circumstances of the breach. For example, section 135(2) of the Act provides for fines of up to $210,000 for individuals and $1,050,000 for bodies corporate, alongside potential imprisonment terms of up to five years. These penalties underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for issuing and enforcing ADs. These legislative instruments ensure that the State of Design and the State of Registry work in tandem to maintain the continuing airworthiness of aircraft, aligning with international standards and obligations under the Convention on International Civil Aviation. The penalties for non-compliance are stringent, reflecting the critical importance of these regulations in safeguarding air navigation safety.