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 United kingdom CAA has issued AD G-2005-0034 affecting Britten Norman BN2 model aircraft. The United Kingdom is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BN-2/84, which will become effective on 23 December 2005.
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 Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901. These directives serve to maintain the continuing airworthiness of aircraft, in line with Australia's obligations under Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, is responsible for assessing and issuing these directives when necessary, ensuring compliance with international standards and the specific requirements of the State of Design. The policy objective of the Act is to enhance the safety of civil aviation by establishing a robust regulatory framework that incorporates international conventions and standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. This legislation applies to all aircraft registered in Australia and their operators, ensuring adherence to safety standards established by both Australian and international regulatory bodies. The geographic reach of these regulations is national, and they are applied in accordance with international standards set forth by the International Civil Aviation Organization (ICAO). The Act does not specify any exclusions or thresholds, but its application is contingent on the issuance of ADs by CASA in response to directives from the State of Design, as mandated by Annex 8 to the Convention on International Civil Aviation. This ensures that all aircraft on the Australian register maintain continuing airworthiness, aligning with international obligations and safety standards.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the continuing safety of aircraft (section 98 and regulation 39.001). Under these provisions, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to mandate safety measures. The ADs are considered legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)). This process is aligned with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the aircraft’s ongoing compliance with airworthiness standards.
The obligations under the Act and Regulations primarily fall on CASA as the national airworthiness authority. CASA must assess information provided by the State of Design, which in this instance is the United Kingdom for Britten Norman BN2 model aircraft, and determine if an Australian AD is necessary (Annex 8). If an AD from another state affects an aircraft on the Australian Register, CASA is required to issue a corresponding Australian AD to enforce the same safety standards (Annex 8). The process is streamlined and does not require public consultation or a Regulatory Impact Statement, given the international obligations and the specific nature of the AD.
The implications of failing to comply with an AD are significant. Non-compliance can result in severe civil or criminal penalties. Under the Civil Aviation Act 1988, an aircraft that does not meet the requirements of an AD is considered airworthy, exposing the operator to potential legal repercussions. Civil penalties can include fines, while criminal penalties can include imprisonment, depending on the severity of the breach and the discretion of the court. The exact penalties are not specified in the provided text but are typically outlined in the relevant sections of the Act and Regulations.