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-2005-0001 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 146/113, which will become effective on 17 March 2005.
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, enacted by the Commonwealth Parliament, was designed to provide for the safety, efficiency and orderly development of civil aviation in Australia. The Act established the Civil Aviation Authority of Australia (CASA) as the national authority responsible for ensuring the safety and efficiency of civil aviation. One significant aspect of this legislation is the issuance of airworthiness directives (ADs), which are regulatory instruments mandated to ensure the continuing airworthiness of aircraft. The policy objective behind these ADs is to maintain high safety standards in line with international obligations, particularly under the Convention on International Civil Aviation. As a legislative instrument, the ADs are crafted to respond to specific safety issues identified by the State of Design or other contracting states, ensuring that Australian aircraft meet international safety standards. The Act empowers CASA to issue such directives, which become effective upon issuance, as seen in the case of AD/BAe 146/113 issued on behalf of CASA.
Scope and Application
The Civil Aviation Act 1988, specifically through its regulations, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments under the Acts Interpretation Act 1901 and are issued to ensure the continuing airworthiness of aircraft, aligning with international standards outlined in Annex 8 to the Convention on International Civil Aviation. The Act applies to entities such as aircraft manufacturers, operators, and CASA, which is responsible for the continuing airworthiness of aircraft registered in Australia. ADs are issued in response to safety concerns identified by the State of Design or other contracting states to the Convention, and CASA, as Australia’s national airworthiness authority, is mandated to assess and issue corresponding Australian ADs. The scope of the ADs extends to all aircraft of the specified types registered within Australia, ensuring compliance with international airworthiness standards. However, ADs issued under these regulations are not subject to public consultation or a Regulatory Impact Statement as they are based on international obligations and immediate safety concerns.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provide the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are intended to address safety issues that may arise with specific types of aircraft or aeronautical products.
In accordance with subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an airworthiness directive is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The responsibility for the continuing airworthiness of an aircraft type falls on the State of Design, which must provide necessary information to ensure this airworthiness to the appropriate States of Registry. This is stipulated under Annex 8 to the Convention on International Civil Aviation. Airworthiness directives are the most common form of continuing airworthiness information issued by most International Civil Aviation Organization (ICAO) Contracting States.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must comply with any airworthiness directives issued by CASA. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, and must develop or adopt requirements to achieve this. When a State of Design, such as the United Kingdom in the case of the BAe 146 model aircraft, issues an AD, CASA is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian registered aircraft meet the necessary safety standards.
Failure to comply with an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can be considered an offence, leading to potential criminal penalties. The specific penalties for breaches of the Act or the Regulations are not detailed in the provided text, but generally, such breaches can result in substantial fines and, in severe cases, imprisonment. The enforcement of these directives is crucial to maintaining the high safety standards expected in the aviation industry.