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 UK CAA has issued AD G-2005-0026 affecting BAe 146 and Avro 146-RJ model aircraft. The UK is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BAe 146/118, which will become effective on 22 December 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 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 comprehensive legal framework for the regulation of civil aviation in Australia, focusing on safety and efficiency. The Act empowers the Governor-General to make regulations that serve the interests of safe air navigation. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory approach ensures that aircraft and products meet the continuing airworthiness standards set by the relevant State of Design, aligning with international obligations under the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of civil aviation by ensuring that aircraft on the Australian Register comply with internationally recognised standards, thus fulfilling Australia's commitments under the Convention.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments intended to ensure the continuing airworthiness of aircraft. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations that support the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific 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 section 6 of the Legislative Instruments Act 2003. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. These directives are issued in response to international obligations and in coordination with the relevant State of Design, thereby obviating the need for public consultation. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The AD is issued 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.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions ensure that ADs are legally binding and integral to maintaining airworthiness standards.
Under Annex 8 of the Convention on International Civil Aviation, the State of Design, which is responsible for the design of an aircraft, must ensure the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, which are responsible for the individual aircraft. In Australia, CASA acts as the national airworthiness authority and must assess any ADs issued by the State of Design for aircraft types registered in Australia. If deemed appropriate, CASA can issue corresponding Australian ADs to enforce the requirements set by the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include ensuring that CASA reviews and assesses ADs from the State of Design. If CASA determines that an AD is necessary, they must issue an Australian AD to mandate the required actions to maintain the airworthiness of the aircraft. This process ensures that Australian-registered aircraft meet international safety standards and obligations.
There are no specific offences or penalties detailed in the text for breaches of ADs, but non-compliance with ADs can result in severe consequences, including the grounding of aircraft, fines, and potential criminal charges. The maximum penalties for such breaches would be determined by other relevant laws and regulations, such as the Crimes Act 1914, and could include substantial fines and imprisonment. It is essential for operators and aircraft owners to adhere strictly to ADs to avoid these severe repercussions.