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 2006-0303 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 42/6, 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 Manager, Airframes 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, is a pivotal piece of legislation aimed at ensuring the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to make regulations, as per section 98, specifically for the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 further delineate the powers of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives, being legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards set forth by the Convention on International Civil Aviation, particularly through Annex 8. The gap addressed by this legislation is the need for a robust regulatory framework to manage and enforce air safety standards in line with international obligations and domestic requirements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is responsible for ensuring the safety of air navigation in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue ADs for specified kinds of aircraft or aeronautical products, thereby making them legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure that the aircraft meets the necessary airworthiness standards. For instance, in response to an AD issued by the European Aviation Safety Authority (EASA) for ATR 42 model aircraft, CASA has issued an Australian AD, reflecting its commitment to international civil aviation obligations. Due to the international nature and the regulatory framework under which these directives are issued, public consultation and a Regulatory Impact Statement are not required.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to create regulations, and under section 98, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (s. 39.001). An AD is a legislative instrument, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 (s. 39.001(5)). The State of Design, which is responsible for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, must provide necessary information to ensure the aircraft's airworthiness in other states. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then assess this information and issue an Australian AD if appropriate. This ensures compliance with international standards and mandates the necessary requirements for continuing airworthiness.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties such as CASA include the assessment of ADs issued by the State of Design and the issuance of Australian ADs if deemed necessary. CASA, as the national airworthiness authority, must ensure that all aircraft registered in Australia meet the continuing airworthiness standards as outlined in the Convention on International Civil Aviation. This involves a rigorous evaluation process to verify that the ADs align with international safety standards and are applicable to the specific types of aircraft registered in Australia. Additionally, CASA is responsible for disseminating these directives to the relevant stakeholders and ensuring their compliance.
Failure to comply with the requirements set forth by ADs can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can result in penalties. The specific penalties for breaches are not detailed in the provided text, but typically, they can include fines and other regulatory actions. In severe cases, continued non-compliance may also lead to criminal charges, resulting in imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any applicable regulations and laws.