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 2006-0215 affecting BAe 146 model aircraft. EASA acts on behalf of the United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BAe 146/125, which will become effective on 31 July 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, 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, enacted by the Parliament of Australia, establishes the legal framework for civil aviation in the country, addressing the need for comprehensive regulation to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that are essential for the safety of air navigation, thereby facilitating the development of a robust regulatory environment. Complementing this, the Civil Aviation Safety Regulations 1998, made under the authority of the Act, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are crafted to meet international standards set by the Convention on International Civil Aviation, ensuring that Australia adheres to global safety protocols. The policy objective behind these regulations is to maintain and enhance the safety of air navigation by ensuring that all aircraft meet stringent airworthiness standards, thereby protecting public safety and maintaining the integrity of the national airspace system.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, specifically for the purpose of ensuring the safety of air navigation. This regulatory framework is designed to mandate the continuing airworthiness of aircraft registered in Australia, aligning with international standards set forth by the Convention on International Civil Aviation. The ADs are legislative instruments that must be assessed and potentially adopted by CASA when issued by the State of Design, such as the European Aviation Safety Authority (EASA) in the case of the BAe 146 model aircraft. The process of issuing ADs is driven by international obligations and assessments, rather than domestic public consultation, as they respond directly to directives from the relevant State of Design, thereby ensuring compliance with global aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are intended to ensure the safety and continuing airworthiness of aircraft. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 designates ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby making them legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Entities governed by these regulations, such as aircraft manufacturers, operators, and CASA, have specific obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The State of Design of an aircraft type has the responsibility to ensure the continuing airworthiness of that type and must provide necessary information to States of Registry. The State of Registry, which in Australia is CASA, must develop or adopt requirements to maintain the airworthiness of aircraft within its jurisdiction. CASA is obligated to assess information from States of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety standards.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the associated regulations, including the mandated ADs, can result in significant consequences. Non-compliance with ADs can lead to severe penalties, both civil and criminal. For instance, under the Civil Aviation Act 1988, individuals and corporations may face fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties can vary, but they are established to ensure stringent adherence to safety standards and to deter non-compliance. CASA has the authority to enforce these regulations and impose the appropriate penalties on those who fail to comply with the airworthiness directives.