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 2007-0075 affecting 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 146/128, which will become effective on 7 June 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, 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 regulate civil aviation within Australia and ensure the safety of air navigation, among other things. Under section 98 of this Act, the Governor-General is empowered to make regulations for the purposes of the Act, and the Civil Aviation Safety Regulations 1998 have been subsequently established to provide a framework for the safety and airworthiness of aircraft. The introduction of airworthiness directives (ADs) under regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue necessary mandates to maintain the continuing airworthiness of aircraft, in line with international standards and obligations under the Convention on International Civil Aviation. This legislation ensures that Australia meets its international obligations and maintains the safety and airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for kinds of aircraft or aeronautical products in order to ensure the safety of air navigation. These ADs are legislative instruments that must be assessed and potentially issued by CASA when the State of Design issues an AD affecting aircraft registered in Australia. The ADs are issued under Australia's obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design, and therefore do not require public consultation or a Regulatory Impact Statement. The scope of these ADs applies to the continuing airworthiness of specific aircraft types registered in Australia and they are issued to mandate the requirements of the State of Design. The ADs are issued by CASA on behalf of the Commonwealth and have a national jurisdictional reach.
Key Provisions
The main operative sections of this legislation concern the issuance and implementation of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation primarily rest on CASA as the national airworthiness authority. When the State of Design issues an AD, CASA must assess the information provided and, if necessary, issue a corresponding Australian AD to enforce the requirements. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. For instance, in the case of the BAe 146 and Avro 146-RJ model aircraft, CASA issued Australian AD/BAe 146/128 in response to EASA’s AD 2007-0075.
The Act and Regulations also outline the responsibilities of the State of Registry, which must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This means that both the State of Design and the State of Registry have specific duties to ensure that aircraft remain airworthy and comply with safety standards.
Regarding the consequences of non-compliance, the legislation does not explicitly state the penalties for breaching an AD. However, it is implied that failure to comply with an AD could result in serious safety issues, potentially leading to criminal or civil liabilities. Such breaches could be subject to the broader regulatory enforcement mechanisms under the Civil Aviation Act 1988, which might include fines or other sanctions. The specifics of these penalties would depend on the nature and severity of the breach.