CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 UK CAA has issued AD G-2005-0002 affecting BAe 146 model aircraft. UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BAe 146/107 Amendment 2, which will become effective on 17 March 2005. This AD cancels and replaces the previous issue.
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 Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework governing the safety, efficiency, and regularity of civil aviation in Australia. The Act allows for the creation of regulations under section 98, with the primary aim of ensuring the safety of air navigation. This is achieved by enabling the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998, as stipulated in regulation 39.001. These directives are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. The policy objective underpinning this legislative framework is to ensure that aircraft operating in Australia meet stringent safety standards, in line with Australia’s international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is the body responsible for issuing ADs, reflecting the Australian government's commitment to maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design of an aircraft holds primary responsibility for its continuing airworthiness, with the State of Registry tasked with ensuring compliance with relevant ADs. When a State of Design issues an AD, such as the UK's AD G-2005-0002 for BAe 146 model aircraft, CASA must assess this information and, if necessary, issue a corresponding Australian AD. In this case, CASA issued Australian AD/BAe 146/107 Amendment 2, which supersedes the previous directive and will take effect on 17 March 2005. As these ADs are issued to fulfil international obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design, no public consultation is required. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety and continuing airworthiness of aircraft in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003.
Airworthiness directives serve as a crucial mechanism for ensuring that aircraft remain airworthy throughout their operational lives. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type was designed, has the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, which are responsible for the individual aircraft. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must evaluate this information and, if appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design.
In the case of the BAe 146 model aircraft, the United Kingdom Civil Aviation Authority (UK CAA) issued AD G-2005-0002. As the UK is the State of Design for this aircraft type, CASA assessed this AD and subsequently issued Australian AD/BAe 146/107 Amendment 2. This AD, which will become effective on 17 March 2005, cancels and replaces the previous issue. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place. Moreover, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compliance with ADs is mandatory for all entities governed by the Civil Aviation Act 1988. Specifically, aircraft operators must adhere to the requirements outlined in the ADs to ensure the continued airworthiness of their aircraft. Failure to comply with these directives can result in serious safety issues and could lead to enforcement actions. The Civil Aviation Safety Regulations 1998 impose stringent obligations on aircraft operators to follow ADs, as non-compliance can lead to severe consequences. In the event of a breach, the Act provides for both civil and criminal penalties. For instance, under the Civil Aviation Act 1988, offences related to non-compliance with ADs can result in fines and, in severe cases, imprisonment. The maximum penalties may vary depending on the nature and extent of the breach, but they are designed to ensure strict adherence to safety regulations.