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 2009-0206 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 146/140, which will become effective on 14 October 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was designed to provide a comprehensive regulatory framework to ensure the safety of civil aviation in Australia. The Act grants the Governor-General the authority to make regulations, including those that pertain to the safety of air navigation, as stipulated in section 98. The Civil Aviation Safety Regulations 1998, made under this Act, further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and regulation under the Legislative Instruments Act 2003. The policy objective underpinning these regulations is to harmonise Australia's approach to civil aviation safety with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that the continuing airworthiness of aircraft is maintained in accordance with global safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, as stipulated by section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments and are essential for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The application of these directives extends to the State of Registry of individual aircraft, which is responsible for maintaining the airworthiness of those aircraft within its jurisdiction. In cases where a State of Design, such as the United Kingdom for the British Aerospace BAe 146 model aircraft, issues an AD, CASA, as Australia's national airworthiness authority, must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design. This process ensures compliance with international obligations and maintains safety standards in Australian civil aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issue of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, as stated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
The obligations imposed on the parties by the Act and Regulations include the responsibility of the State of Design, such as the United Kingdom for British Aerospace BAe 146 model aircraft, to provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case Australia, must then assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. CASA, as Australia's national airworthiness authority, is responsible for this assessment and subsequent issuance of ADs.
Failure to comply with the ADs could result in various consequences. The Act and Regulations do not explicitly outline specific offences or penalties for breach of ADs, but non-compliance could potentially lead to safety risks and legal repercussions. The safety of air navigation is paramount, and any failure to adhere to the ADs may be viewed as a breach of the statutory obligations imposed by the Act and Regulations. The severity of any legal consequences would depend on the specific circumstances and any applicable aviation safety or criminal laws.