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 2007-0277 affecting British Aerospace BAe 146 and Avro 146-RJ model aircraft. EASA acts on behalf of the UK, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BAe 146/129, which will become effective on 20 December 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 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 for the regulation of civil aviation in Australia, ensuring safety and efficiency in the national airspace. Under section 98 of the Act, the Governor-General is empowered to make regulations for the purposes of the Act, with a focus on the safety of air navigation. In this context, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and regulation as a legislative instrument under the Legislative Instruments Act 2003. The authority to issue ADs is grounded in international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is obligated to assess and, when necessary, issue Australian ADs to enforce the continuing airworthiness requirements determined by the State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) within Australia. The Act applies to any person or entity involved in civil aviation activities within the Commonwealth of Australia, including aircraft manufacturers, operators, and maintenance providers. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to ensure the continuing airworthiness of these aircraft in line with international standards. These directives are legislative instruments and subject to disallowance under the Acts Interpretation Act 1901. The ADs must comply with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must implement the necessary requirements to maintain airworthiness. Any AD issued by CASA in response to a State of Design directive does not require public consultation or a Regulatory Impact Statement. The ADs are developed by authorised personnel within CASA, acting on behalf of the national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations for the Act, ensuring safety in air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft types or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument, meaning it is subject to scrutiny and potential disallowance under section 46A of the Acts Interpretation Act 1901. This regulation ensures that ADs, as legislative instruments, are subject to the provisions of the Legislative Instruments Act 2003.
The obligations imposed by these provisions on parties governed by the Act are substantial. The State of Design, in this case, the European Aviation Safety Authority (EASA) acting on behalf of the UK, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. Under Annex 8 to the Convention on International Civil Aviation, EASA must provide necessary information to guarantee the airworthiness of the British Aerospace BAe 146 and Avro 146-RJ model aircraft. CASA, as Australia’s national airworthiness authority, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This collaboration ensures that aircraft registered in Australia meet international safety standards.
Failure to comply with the requirements outlined in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment. The severity of these penalties underscores the importance of adhering to airworthiness directives. CASA’s role in issuing and enforcing these directives is crucial in maintaining the high safety standards that are integral to civil aviation.