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 has issued AD 012-05-94 affecting BAe 146 model aircraft. The UK is the State of Design for this type. As a result of a request from an Australian operator, CASA has amended the equivalent Australian AD to reflect a change in the requirement document. The amended AD is AD/BAe 146/52 Amendment 2, which will become effective on 12 May 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, aims to regulate civil aviation for the purposes of safety and efficiency, establishing a robust framework for the oversight of aviation activities within Australia. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing requirements for aircraft and aeronautical products. Notably, under section 98 of the Act, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives, which serve as legislative instruments designed to maintain the airworthiness of aircraft, in line with the Convention on International Civil Aviation and obligations under Annex 8. These directives are issued to mandate specific requirements for aircraft types, ensuring compliance with international safety standards and reflecting changes recommended by the State of Design.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the overarching objective of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft and are issued in compliance with international standards set forth by the International Civil Aviation Organization (ICAO), particularly under Annex 8 of the Convention on International Civil Aviation. In the event that the State of Design, such as the United Kingdom for the BAe 146 model aircraft, issues an AD, CASA, as the national airworthiness authority, is obligated to review this information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that aircraft registered in Australia meet international safety standards. The issuance of such ADs is a direct consequence of Australia's commitments under international conventions and does not require public consultation or a Regulatory Impact Statement. The authority to issue these directives is exercised by designated personnel within CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Within this framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory approach is grounded in international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, and mandates the provision of necessary information to the States of Registry. The Australian AD issued in response to the UK's AD 012-05-94, which affects BAe 146 model aircraft, is a direct application of this regulatory framework.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place specific responsibilities on CASA and other relevant authorities. CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. For the State of Registry, this means developing or adopting requirements that ensure the continuing airworthiness of aircraft on the Australian Register. In this particular case, CASA has amended the Australian AD to reflect changes in the requirement document as requested by an Australian operator, thereby ensuring that the safety measures align with international standards.
Failure to comply with the airworthiness directives can lead to serious consequences. Under section 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is classified as a disallowable instrument, subject to the scrutiny of Parliament. Non-compliance with an AD can result in civil or criminal penalties, depending on the severity of the breach. The exact nature and extent of these penalties are not detailed in the provided text, but they generally include fines and potential imprisonment for serious violations. The importance of adhering to these directives cannot be overstated, as they are crucial for maintaining the safety standards required under the Convention on International Civil Aviation.
The AD in question, AD/BAe 146/52 Amendment 2, was issued by CASA on behalf of the Australian Government, following the necessary internal procedures and approvals. This AD cancels and replaces the previous issue, effective from 12 May 2005. Given that this AD is a direct response to an international directive and is issued in compliance with Australia's obligations under the Convention on International Civil Aviation, it was not subject to public consultation or a Regulatory Impact Statement. The process was overseen by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Act, ensuring that all regulatory requirements were met in the issuance of the AD.