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 Brazilian ANAC has issued AD 2006-10-01 affecting Embraer EMB-110 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-110/54, which will become effective on 21 December 2006.
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 Manager, Airframes 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 establish a regulatory framework for civil aviation in Australia, focusing on safety and efficiency within the industry. This Act empowers the Governor-General to create regulations that align with the Act's objectives and the safety of air navigation. The Civil Aviation Safety Regulations 1998, which operate under the authority of this Act, specifically allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft and aeronautical products. Such directives serve as crucial tools for maintaining the continuing airworthiness of aircraft and are integral to fulfilling Australia's commitments under the Convention on International Civil Aviation. These directives are typically issued in response to actions by the State of Design or other contracting states, without necessitating public consultation or a Regulatory Impact Statement. The ADs are legislative instruments that CASA issues to ensure compliance with international standards and to safeguard the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988 and is intended to promote the safety of air navigation. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. As part of Australia's commitment to international standards set by the Convention on International Civil Aviation, specifically Annex 8, CASA must respond to ADs issued by the State of Design by assessing the information and, if necessary, issuing an Australian AD. For example, in response to Brazilian ANAC's AD 2006-10-01 for Embraer EMB-110 model aircraft, CASA issued AD/EMB-110/54, effective from 21 December 2006. The AD applies to the specific types of aircraft or aeronautical products as determined by CASA and is mandated under Australia's international obligations without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to create regulations that ensure the safety of air navigation. This authority is exercised by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which permits CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The Civil Aviation Safety Regulations 1998 mandate that the State of Design, which is responsible for the design of a particular aircraft type, must provide all necessary information to ensure the continuing airworthiness of that type to the States of Registry. This responsibility aligns with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which oversees the individual aircraft, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, such as AD 2006-10-01 by the Brazilian ANAC for Embraer EMB-110 model aircraft, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to maintain airworthiness standards. For example, CASA issued AD/EMB-110/54 in response to the Brazilian AD 2006-10-01, which became effective on 21 December 2006. Because these ADs are issued in accordance with international obligations under the Convention on International Civil Aviation, there is no requirement for public consultation on such ADs. Furthermore, the Office of Regulatory Review has determined that these ADs do not necessitate a Regulatory Impact Statement. These ADs are made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 also outline the penalties for non-compliance with airworthiness directives. Violations of these regulations can result in both civil and criminal consequences, depending on the severity of the breach. The maximum penalties for non-compliance can include fines and imprisonment, reflecting the critical importance of adhering to these regulations to ensure the safety of air navigation.