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 2008-0124 affecting ATR - GIE Avions de Transport Régional ATR 42-200, 42-300 and 42-320 aircraft models. France is the State of Design for these models. CASA has assessed this AD and has issued Australian AD/ATR 42/24, which will become effective on 16 July 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 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, enacted to address the need for comprehensive regulations governing civil aviation within Australia, empowers the Governor-General to create regulations that ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that Australia adheres to international standards for civil aviation safety, while also providing clear domestic directives that maintain the safety and airworthiness of aircraft registered within the country.
In accordance with international obligations and under the oversight of CASA, Australia issues ADs in response to those issued by the State of Design. This approach ensures that Australian aviation standards are consistent with those of other ICAO Contracting States, thus facilitating a coordinated international response to safety issues. The issuing of ADs such as the Australian AD/ATR 42/24 for ATR aircraft models is a direct result of Australia’s commitment to these international standards, reflecting the balance between national and international regulatory frameworks in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) within Australia. These regulations apply to all aircraft registered in Australia and entities involved in the operation or maintenance of such aircraft. The geographic reach of these regulations is national, extending to all states and territories within the Commonwealth of Australia. The Civil Aviation Safety Authority (CASA) has the authority to issue ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring compliance with safety standards as mandated by the Civil Aviation Act 1988. These ADs are legislative instruments that become effective following assessment and issuance by CASA. As per Annex 8 to the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of an aircraft type, with the State of Registry ensuring the airworthiness of individual aircraft. Given the international nature of aviation, CASA must issue corresponding ADs when the State of Design issues directives affecting aircraft registered in Australia. For example, in response to the European Aviation Safety Agency's (EASA) AD 2008-0124 for ATR 42 aircraft models, CASA issued AD/ATR 42/24. This AD, reflecting Australia's obligations under the Convention on International Civil Aviation, did not require public consultation or a Regulatory Impact Statement. Instead, it was made by CASA in accordance with the Civil Aviation Act 1988, ensuring alignment with international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. According to section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products (39.001). These ADs are legislative instruments that serve as a means of ensuring the continuing airworthiness of aircraft as mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation.
The obligations placed on parties and entities governed by this Act include ensuring the continuing airworthiness of aircraft. Under Annex 8, the State of Design (in this case, France) has the responsibility to provide necessary information to ensure the airworthiness of aircraft types, and the State of Registry (Australia) must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in its territory (Annex 8). CASA, as Australia’s national airworthiness authority, is required to assess information provided by the State of Design and issue Australian ADs if appropriate to mandate the requirements of the State of Design. This process ensures that all aircraft registered in Australia comply with international standards for airworthiness.
Failure to comply with ADs can result in significant consequences. The Act and Regulations impose strict obligations on aircraft operators and maintenance personnel to adhere to the requirements set out in ADs. Non-compliance can lead to severe civil and criminal penalties, including fines and imprisonment, as stipulated under relevant sections of the Act and other relevant legislation. The specific penalties may vary depending on the severity and frequency of the breach, but the overarching aim is to enforce strict compliance to maintain the highest standards of aviation safety.
CASA has issued Australian AD/ATR 42/24 in response to AD 2008-0124 issued by the European Aviation Safety Agency (EASA) concerning ATR 42-200, 42-300, and 42-320 aircraft models, which are designed by France. This AD will become effective on 16 July 2008. Given that the AD is issued in response to an AD raised by the relevant State of Design and due to Australia’s obligations under the Convention on International Civil Aviation, no consultation of the Australian public has taken place. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was 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. This process ensures that Australian aviation remains compliant with international safety standards.