CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 UK CAA issued AD 013-11-90, affecting BAe 146 and Avro 146-RJ model aircraft, in 1990. The UK is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to update the revision status of the associated service bulletin. The amended AD, AD/BAe 146/35 Amendment 2, will become effective on 7 July 2005. This AD cancels and replaces the previous issue.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides the legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to mandate the requirements necessary to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly those of the State of Design, which is responsible for the continuing airworthiness of an aircraft type. The policy objective is to maintain high safety standards in alignment with international practices and to ensure that all aircraft operating in Australian airspace meet necessary safety criteria. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for issuing these ADs, which are considered legislative instruments under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) under Australian law. The Act applies to entities involved in civil aviation, including aircraft manufacturers, operators, and maintenance organisations, as well as the Civil Aviation Safety Authority (CASA), which is the national airworthiness authority responsible for enforcing these regulations. The Act and regulations ensure that aircraft and aeronautical products meet the required safety standards, thereby promoting safe air navigation. These provisions apply to aircraft registered in Australia, and to entities and individuals conducting activities related to civil aviation within Australian jurisdiction. The geographic reach of the Act extends to the entire Commonwealth of Australia, ensuring uniform application of safety standards across the nation. The Act includes provisions for the issuance of ADs by CASA, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. While ADs are generally issued in response to international obligations and directives from the State of Design, they do not typically require public consultation or a Regulatory Impact Statement. However, ADs may be subject to amendment and review by CASA to ensure ongoing compliance with safety standards.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, allows the Governor-General to create regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 gives the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003. In addition, Annex 8 of the Convention on International Civil Aviation outlines the responsibilities of the State of Design, which includes providing necessary information for ensuring the continuing airworthiness of an aircraft type to the appropriate States of Registry.
The obligations imposed by the Act and the Regulations include the responsibility of the State of Design to maintain the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry. The State of Registry, in this case CASA, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all relevant parties are aware of and comply with the necessary airworthiness standards and procedures. Furthermore, the ADs are the primary means of disseminating continuing airworthiness information among ICAO Contracting States, ensuring a unified approach to maintaining safe air navigation standards.
Failure to comply with the airworthiness directives may result in serious consequences, both civil and criminal. Under the Civil Aviation Act 1988, any person who contravenes an airworthiness directive may be subject to enforcement action by CASA, which may include fines and legal proceedings. The maximum penalty for contravening an airworthiness directive is a fine of up to $126,000 for individuals and up to $630,000 for corporations, depending on the severity of the offence. Additionally, serious non-compliance with airworthiness directives may result in the grounding of an aircraft, which could lead to flight cancellations, safety risks, and potential criminal charges for those responsible for the non-compliance.
In conclusion, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the responsibilities of various parties in maintaining the safety and airworthiness of aircraft in Australia. The issuance of airworthiness directives is a critical component of this process, with CASA responsible for assessing and enforcing these directives to ensure compliance with international standards. Failure to comply with airworthiness directives may result in severe civil and criminal penalties, highlighting the importance of adhering to these regulations to maintain the safety of air navigation.