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 2007-0307 affecting British Aerospace 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 146/130, which will become effective on 14 February 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 Acting 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, enacted to regulate civil aviation and ensure the safety of air navigation in Australia, empowers the Governor-General to create regulations under section 98 for the purposes of the Act. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments as they are disallowable instruments under the Acts Interpretation Act 1901 and fall within the scope of the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation and its Annex 8, where the State of Design holds responsibility for the airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, assesses and issues Australian ADs in response to directives from the relevant State of Design, ensuring compliance with both international obligations and local aviation safety requirements.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, apply to all persons, entities, and industries involved in civil aviation within Australia, ensuring the safety of air navigation. Specifically, regulation 39.001 allows 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 mandate certain safety requirements and are integral to the continuing airworthiness of aircraft registered in Australia. The ADs serve as a mechanism to enforce safety standards in compliance with international obligations under the Convention on International Civil Aviation. The geographic reach of these regulations is national, governing all civil aviation activities within Australia. Exemptions or exclusions from these regulations are not specified in the explanatory statement, but it is implied that compliance is mandatory for all relevant entities and individuals unless otherwise stated in subordinate instruments.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to enact regulations for the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they qualify as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Under these legislative frameworks, the State of Design, which is the country where an aircraft type is designed, bears the primary responsibility for ensuring the ongoing airworthiness of the aircraft. This responsibility extends to providing any necessary information to the appropriate States of Registry to ensure the continuing airworthiness of the aircraft type. States of Registry, on the other hand, are tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft registered within their jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as Australia’s national airworthiness authority, is required to assess this information. If deemed necessary, CASA must then issue an Australian AD to mandate the requirements set by the State of Design.
In accordance with these provisions, the European Aviation Safety Authority (EASA), representing the United Kingdom as the State of Design for British Aerospace BAe 146 and AVRO 146-RJ model aircraft, issued AD 2007-0307. CASA has evaluated this directive and has subsequently issued Australian AD/BAe 146/130, which will come into effect on 14 February 2007. Given that this AD is issued in response to international obligations under the Convention on International Civil Aviation and as a result of an AD from the relevant State of Design, no consultation with the Australian public has occurred regarding this directive. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
The issuance of the AD was conducted by the Acting Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act. The ADs carry significant weight, and any failure to comply with them can result in severe consequences. Non-compliance with an AD may lead to serious safety issues, including aircraft being deemed unairworthy, which could result in grounding of the aircraft and potential legal actions against the operators. Additionally, CASA has the authority to impose penalties for non-compliance, which can include fines and other sanctions, reflecting the importance of adhering to these airworthiness directives.