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 EASA has issued AD 2006-0138 affecting BAe 146 and AVRO-146RJ aircraft. The EASA is the NAA for the design for these aircraft. CASA has assessed this AD and has issued Australian AD/BAe 146/121, which will become effective on 3 August 2006.
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, New Technologies and Systems, 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, enacted by the Australian Parliament, is designed to ensure the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework for regulating air navigation and aircraft operations, and it empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on the procedures for issuing these directives. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for certain kinds of aircraft or aeronautical products. The Civil Aviation Act 1988 and accompanying regulations are integral in fulfilling Australia's obligations under the Convention on International Civil Aviation, ensuring that the continuing airworthiness of aircraft aligns with international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the legislative framework governing airworthiness directives (ADs) in Australia, which are critical to ensuring the safety and continuing airworthiness of aircraft. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, for specific types of aircraft or aeronautical products. Such directives are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, is obligated to assess this information and, if necessary, issue Australian ADs to enforce the requirements specified by the State of Design. For instance, CASA issued Australian AD/BAe 146/121 in response to an AD by the European Aviation Safety Agency (EASA) concerning BAe 146 and AVRO-146RJ aircraft, highlighting the international coordination involved in maintaining aviation safety standards. The issuance of these directives is not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, reflecting their technical nature and the international obligations underpinning their issuance.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set forth key provisions for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the State of Design's responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with an AD can result in serious consequences. Section 90 of the Civil Aviation Act 1988 makes it an offence to operate an aircraft in a manner that contravenes an AD, which may lead to criminal charges and penalties. Furthermore, section 90A of the Act provides for civil penalties for breaches of ADs, including fines up to the maximum amount prescribed by the regulations. These provisions underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australian airspace.