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 2009-0159-E Avions de Transport Regional ATR 42 and ATR 72 model 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 42/26, which will become effective on 22 July 2009.
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, Future Technology and Regulatory Trends in the Standards Developments and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to make regulations necessary for air navigation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative mechanism was introduced to address the need for standardised safety measures and to ensure that aircraft and aeronautical products meet required safety standards. The Act underscores Australia's commitment to international aviation safety standards as outlined in Annex 8 to the Convention on International Civil Aviation, thereby facilitating the issuance of ADs in response to actions by the State of Design. The Civil Aviation Safety Authority (CASA) plays a pivotal role in assessing and implementing these directives to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as authorised by the Civil Aviation Act 1988, provide the legal framework for the issuance of airworthiness directives (ADs) that govern the continuing airworthiness of aircraft types registered in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which serve as legislative instruments designed to ensure the safety of air navigation. An AD is typically issued by the State of Design, which must provide necessary information to ensure the continuing airworthiness of aircraft types to the States of Registry, including Australia. CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding Australian ADs if necessary. For instance, in response to the European Aviation Safety Authority’s AD 2009-0159-E concerning the ATR 42 and ATR 72 models, CASA issued AD/ATR 42/26. This AD was made in compliance with Australia’s obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of this legislation focus on the issuance of airworthiness directives (ADs) as outlined under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These provisions empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Regulation 39.001(5) further specifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and as such, they are legislative instruments according to the Legislative Instruments Act 2003.
Under these regulations, CASA has a responsibility to assess airworthiness directives issued by the State of Design, which is the country responsible for the design of the aircraft, and to issue corresponding Australian ADs when necessary. This ensures that the requirements for the continuing airworthiness of aircraft registered in Australia are met. For instance, when the European Aviation Safety Authority (EASA) issued AD 2009-0159-E concerning ATR 42 and ATR 72 model aircraft, CASA assessed this directive and subsequently issued Australian AD/ATR 42/26. This Australian AD is set to become effective on 22 July 2009.
The obligations imposed by these provisions require CASA to act in accordance with international standards and recommendations set forth by the Convention on International Civil Aviation, particularly Annex 8. CASA must ensure that the continuing airworthiness of aircraft registered in Australia is maintained by issuing appropriate ADs when necessary. Furthermore, these obligations also extend to ensuring that any ADs issued are in line with Australia's commitments under international agreements and the directives issued by the relevant State of Design.
The Act and accompanying regulations do not specify particular offences or penalties for non-compliance with ADs. However, non-compliance with an AD can result in severe civil or criminal consequences, as the failure to adhere to these airworthiness requirements can compromise the safety of air navigation. The maximum penalties for such non-compliance can include fines and imprisonment, reflecting the serious nature of these safety regulations. Ensuring compliance with ADs is thus crucial for maintaining the safety standards required under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.