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 2009-0043-E affecting British Aerospace BAe 146 and Avro 146 RJ 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 146/137, which will become effective on 3 March 2009.
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 & Structures 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 Australian Parliament, establishes the regulatory framework for civil aviation safety within Australia, with a key objective of ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations under section 98, with safety being the paramount consideration. The Civil Aviation Safety Regulations 1998, made under this Act, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. In line with international standards set by the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of an aircraft type, and ADs serve as a primary means of disseminating necessary information to maintain this airworthiness. CASA, as Australia's national airworthiness authority, evaluates and, if appropriate, issues Australian ADs to enforce the requirements set by the State of Design, thereby ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness in Australia, with the Civil Aviation Safety Authority (CASA) playing a central role in ensuring that aircraft meet safety standards. Specifically, under section 98 of the Act, the Governor-General is empowered to make regulations to enhance the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are issued to mandate compliance with continuing airworthiness standards as required by Annex 8 to the Convention on International Civil Aviation, where the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the airworthiness of individual aircraft. This regulatory approach ensures that Australia meets its international obligations and maintains high safety standards in civil aviation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 revolve around the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, including the issuance of ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, as outlined in subregulation 39.001(5), are legislative instruments that must be issued when a State of Design, such as the United Kingdom, issues a directive affecting aircraft registered in Australia.
Under the Act, the State of Registry, in this case CASA as Australia’s national airworthiness authority, must assess information from the State of Design and issue an Australian AD if appropriate. This process ensures that the continuing airworthiness of aircraft is maintained in line with international standards and obligations under the Convention on International Civil Aviation. The obligation on CASA, as detailed in Annex 8 to the Convention, is to assess and implement any ADs issued by the State of Design, such as the European Aviation Safety Authority’s AD 2009-0043-E, which has been adopted as Australian AD/BAe 146/137.
There are no specific obligations on the Australian public to consult on ADs as they are issued in response to international obligations and the AD process is considered to be a regulatory requirement rather than a policy matter. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The Manager, Airframes & Structures in the Airworthiness Engineering Group at CASA issues these directives in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can result in severe consequences. The Act and regulations do not specify particular offences or penalties related to non-compliance with ADs. However, general provisions within the Act provide for civil and criminal penalties for breaches of regulations and directives issued under the Act. For example, section 23 of the Civil Aviation Act 1988 allows for fines and imprisonment for offences such as endangering an aircraft or endangering safety in air navigation. The severity of penalties can vary, but they may include substantial fines and imprisonment, reflecting the serious nature of non-compliance with safety directives in aviation.