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 EASA has issued AD 2007-0076 affecting BAe Systems model 146 aircraft. Europe is the State of Design for BAe 146 aircraft types. CASA has assessed this AD and has issued Australian AD/BAe 146/127, which will become effective on 10 May 2007.
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 was enacted to regulate civil aviation in Australia, focusing on the safety of air navigation and ensuring that all operations are conducted with the utmost care to avoid risks to public safety. This legislation provides the framework for the Australian Civil Aviation Safety Authority (CASA) to implement safety regulations, including the issuance of airworthiness directives (ADs), which are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The policy objective of these ADs is to maintain the continuing airworthiness of aircraft, aligning with Australia's obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, must ensure compliance with these directives, which are issued in response to assessments of ADs from the aircraft's State of Design. The issuing of such directives does not require public consultation and is managed by CASA officials in accordance with the Civil Aviation Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that serve to ensure the safety of air navigation in Australia. The ADs must align with the continuing airworthiness information as outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority for Australia, must review and, if necessary, issue corresponding Australian ADs when a State of Design issues an AD affecting aircraft on the Australian Register. Exemptions or thresholds that might apply to these ADs are not specified in the document, but the process ensures compliance with international standards and Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. One such regulation, detailed in section 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus fall under the purview of the Legislative Instruments Act 2003 as legislative instruments.
These airworthiness directives are critical tools for maintaining the continuing airworthiness of aircraft. As per Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This involves providing necessary information to the appropriate States of Registry to facilitate ongoing airworthiness. The State of Registry, in turn, must establish or adopt requirements to ensure the aircraft’s continuing airworthiness. In the context of Australia, when an AD is issued by the State of Design, CASA evaluates this information and, if deemed necessary, issues an Australian AD to enforce the requirements stipulated by the State of Design.
The European Aviation Safety Agency (EASA) recently issued AD 2007-0076 concerning BAe Systems model 146 aircraft, which are designed in Europe. CASA has reviewed this AD and has issued Australian AD/BAe 146/127, set to take effect on 10 May 2007. Given that this AD is issued in response to Australia’s obligations under the Convention on International Civil Aviation and is a reaction to an AD from the relevant State of Design, no public consultation has been required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was formulated 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.
Under the Civil Aviation Safety Regulations 1998, entities and individuals subject to ADs must adhere to the directives issued by CASA. This includes compliance with the specific requirements outlined in the ADs to ensure the continuing airworthiness of the aircraft. Failure to comply with these directives can lead to significant consequences. As ADs are legislative instruments, breaches of their provisions can result in both civil and criminal penalties. Civil penalties may include fines and other administrative sanctions, while criminal penalties can lead to imprisonment or substantial fines, depending on the severity of the breach. The maximum penalties are determined by the nature and extent of the non-compliance, as specified in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.