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 2008-0132 affecting British Aerospace BAe 146 model aircraft. The 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 146/133, which will become effective on 25 September 2008.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. In accordance with section 98 of the Act, the Governor-General has the authority to make regulations necessary for the purposes of the Act. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003, and they are issued in response to the State of Design's obligations under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses and issues Australian ADs to enforce the requirements of the relevant State of Design, ensuring the safety and compliance of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs serve to maintain the continuing airworthiness of aircraft types, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The State of Design, such as the European Aviation Safety Authority (EASA) in this case, has the primary responsibility for issuing ADs, while the State of Registry, in this instance CASA, must assess and, if necessary, issue corresponding ADs for aircraft registered in Australia. This process is driven by international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The ADs are crafted by CASA officials, specifically authorised under the Act, to ensure compliance with international and national aviation safety standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as they relate to the issuance of airworthiness directives (ADs), are found in section 98 which allows the Governor-General to make regulations for the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products (sections 98 and 39.001). These directives are legislative instruments, as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). This regulatory framework ensures that ADs are issued in the interests of the safety of air navigation, in accordance with international standards and practices.
The obligations imposed on CASA by these provisions are to assess any ADs issued by the State of Design and to determine if an Australian AD is necessary. CASA, as Australia's national airworthiness authority, has the responsibility to ensure the continuing airworthiness of aircraft on the Australian Register (Annex 8). This involves reviewing the ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) in the case of British Aerospace BAe 146 model aircraft, and issuing corresponding Australian ADs if deemed necessary (Annex 8 and AD/BAe 146/133). This process ensures that aircraft in Australia meet the required safety standards and that any identified safety issues are addressed.
Breaches of the ADs or failure to comply with the mandates set out in them can result in serious consequences. Civil penalties may be imposed for non-compliance with ADs, and in some cases, criminal penalties may apply. The maximum penalties for such breaches are not explicitly stated in the text but can be severe, reflecting the importance of adhering to ADs for the safety of air navigation. CASA has the authority to enforce these regulations, and non-compliance can result in legal action against the aircraft operator or owner.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a clear framework for the issuance and enforcement of ADs. CASA's role is pivotal in ensuring that these directives are appropriately assessed and implemented, thereby maintaining high safety standards in Australia's civil aviation sector. The international cooperation highlighted in Annex 8 and the specific case of the BAe 146 model aircraft underscores the global nature of air safety regulations and the importance of harmonised standards.