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 2007-0304 affecting British Aerospace BAe 146 and AVRO 146-RJ model aircraft. EASA acts on behalf of The United Kingdom, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BAe 146/120, Amendment 1, which will become effective on 28 December 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, 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 civil aviation in Australia, ensuring the safety and efficiency of air navigation within Australian territory. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing various requirements, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments under the Acts Interpretation Act 1901 and are critical for maintaining the continuing airworthiness of aircraft, as mandated by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, responsible for assessing and, when necessary, issuing ADs that align with international standards and directives from the aircraft's State of Design. This legislative framework ensures that Australian civil aviation remains compliant with international safety standards, thereby protecting public safety and maintaining Australia's commitment to global aviation regulations.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations that ensure the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This authority extends to mandating the requirements of ADs issued by other countries, such as the European Aviation Safety Authority (EASA), when they pertain to aircraft types registered in Australia. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, necessitating CASA's role in ensuring that the airworthiness directives issued by the State of Design are appropriately enforced in Australia. While these directives are issued in accordance with international obligations under the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement, they are meticulously assessed by CASA to maintain the continuing airworthiness of aircraft registered in Australia.
Key Provisions
The key provisions of this legislation, specifically under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, revolve around the issuance and implementation of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. This regulatory framework is designed to maintain the highest standards of airworthiness, ensuring that aircraft meet necessary safety requirements throughout their operational lifespan.
The obligations imposed by this Act and its regulations are primarily on CASA, which acts as Australia's national airworthiness authority. CASA is responsible for assessing any airworthiness directives issued by the State of Design and determining if they need to be implemented in Australia. If an AD from a State of Design is deemed necessary, CASA must issue a corresponding Australian AD. This ensures that all aircraft registered in Australia comply with international safety standards and that the continuing airworthiness of these aircraft is maintained in accordance with the provisions of Annex 8 to the Convention on International Civil Aviation.
There are no explicit offences or penalties outlined in this particular piece of legislation regarding the issuance or failure to comply with ADs. However, non-compliance with airworthiness directives can lead to serious consequences, including the grounding of aircraft, which can severely impact airline operations and safety. While specific penalties for non-compliance are not detailed in the text, the overarching implication is that failure to adhere to ADs could result in enforcement actions, fines, or other regulatory measures imposed by CASA. The gravity of the potential consequences underscores the importance of strict compliance with airworthiness directives to ensure the safety of air navigation.