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 2008-0167 affecting British Aerospace BAe 146 model aircraft. EASA acts on behalf of the United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BAe 146/134, which will become effective on 23 October 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, 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 provide a comprehensive legal framework for civil aviation in Australia, establishes the Civil Aviation Authority of Australia (CASA) and empowers it to make regulations for ensuring the safety of air navigation. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were enacted, allowing CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as crucial mechanisms for ensuring the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act and associated regulations aim to uphold the highest safety standards in civil aviation, reflecting Australia's commitment to international aviation safety protocols. The legislation empowers CASA to issue ADs in response to directives from the State of Design or other contracting states, thereby facilitating compliance with global airworthiness standards without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, outlines the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, with specific provision under regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and oversight under the Legislative Instruments Act 2003. Geographically, this Act applies to all aircraft registered in Australia, and its scope extends to ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia, which includes implementing ADs issued by the State of Design, such as the European Aviation Safety Authority for British Aerospace BAe 146 model aircraft. The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, as they are mandated by international obligations and are issued in response to corresponding directives from the relevant State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific 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 as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003. Essentially, this means that CASA has the authority to mandate specific safety measures and requirements for aircraft types that are registered in Australia, ensuring that these aircraft meet necessary safety standards and regulations.
In terms of obligations, CASA, as Australia’s national airworthiness authority, is required to assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce those requirements. This process is essential for maintaining the continuing airworthiness of aircraft registered in Australia. For example, in response to an AD issued by the European Aviation Safety Authority (EASA) for the British Aerospace BAe 146 model aircraft, CASA has issued Australian AD/BAe 146/134, which mandates specific safety measures for this aircraft type registered in Australia.
Failure to comply with an AD can result in serious legal consequences. Under section 98 of the Civil Aviation Act 1988, anyone who contravenes an AD can face civil penalties, including fines. The specific amount of the fine is not outlined in the provided text, but it is worth noting that the severity of the penalty can depend on the nature and extent of the breach. Additionally, non-compliance with ADs can lead to criminal charges, which could result in imprisonment. The exact penalties for criminal offences are not detailed in the provided text, but they are likely to be significant given the critical nature of airworthiness directives in ensuring the safety of air navigation.