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 2006-0376 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 42/7, 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. In line with this, the Civil Aviation Safety Regulations 1998 were also established to further detail the implementation of safety measures. The issuing of airworthiness directives (ADs) under regulation 39.001 of these Regulations allows the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft as stipulated by international standards, specifically under Annex 8 of the Convention on International Civil Aviation. The Act empowers CASA to issue Australian ADs in response to directives from the State of Design, ensuring that Australian-registered aircraft comply with international safety standards. The process does not require public consultation or a Regulatory Impact Statement, as it is driven by international obligations and assessments by CASA. This legislative framework ensures that Australia meets its commitments under international civil aviation agreements while maintaining high safety standards within its jurisdiction.
Scope and Application
The Civil Aviation (Airworthiness Directives) Instrument 2007, made under section 98 of the Civil Aviation Act 1988, applies to entities involved in the design, registry, and operation of aircraft within Australia. This legislation mandates that the Civil Aviation Safety Authority (CASA) must issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. These directives are issued in response to ADs from States of Design, such as the European Aviation Safety Authority in the case of the ATR 42 model aircraft. The application of this Act is national in scope, ensuring that Australian civil aviation standards align with international obligations under the Convention on International Civil Aviation. The Act does not apply to the general public but is directed towards entities within the aviation industry, such as aircraft manufacturers, operators, and regulators. While the Act is designed to maintain safety standards, it is noted that specific ADs do not require public consultation or a Regulatory Impact Statement, given their technical and regulatory nature.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of aviation safety in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. An AD is a legislative instrument, as stipulated in subregulation 39.001(5) of the Regulations, and it is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This means that while ADs have the force of law, they are subject to disallowance by Parliament.
Under these provisions, CASA, as Australia’s national airworthiness authority, is responsible for ensuring that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. This obligation stems from the requirement that the State of Registry (in this case, Australia) must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. When the State of Design (the country where the aircraft type was designed) issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The obligations on the parties governed by this legislation include the State of Design’s responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, on the other hand, must ensure that all aircraft registered within its jurisdiction comply with the ADs issued by CASA. This involves not only the issuance of ADs but also the enforcement of compliance with these directives by aircraft operators and other relevant parties.
Failure to comply with an airworthiness directive can result in severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, an aircraft found to be non-compliant with an AD can be subject to enforcement actions, including fines, suspension, or revocation of the aircraft’s certificate of airworthiness. Additionally, individuals or entities found to be in breach of an AD may face criminal penalties, which can include substantial fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they are designed to ensure strict compliance with safety regulations to maintain the highest standards of aviation safety.