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 CTA has issued AD 97-11-03R2 affecting Embraer EMB-120 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-120/25 Amendment 2, which will become effective on 17 March 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 Acting 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, was introduced to provide a legal framework for ensuring the safety of civil aviation in Australia, including the regulation of air navigation and airworthiness of aircraft. This Act empowers the Governor-General to make regulations for the purposes of the Act, and in particular, it allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives to maintain the safety standards of aircraft and aeronautical products, as detailed in the Civil Aviation Safety Regulations 1998. The objective of the Act is to safeguard the public by ensuring that civil aviation operations are conducted safely, thereby fulfilling Australia's obligations under international conventions such as the Convention on International Civil Aviation.
In line with the requirements set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has issued an airworthiness directive in response to an international directive from the State of Design for a specific aircraft type. This Australian airworthiness directive, which is a legislative instrument, was issued without public consultation as it pertains to international obligations and is based on directives from the relevant State of Design. The directive is intended to ensure the continuing airworthiness of the aircraft in question, aligning with the safety standards established by international agreements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a regulatory framework for the issuance of airworthiness directives (ADs) that apply to aircraft types registered within Australia. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products. The ADs are legislative instruments, as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in response to the State of Design's responsibility to ensure the continuing airworthiness of an aircraft type and the State of Registry's duty to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, assesses the ADs issued by the State of Design and issues corresponding Australian ADs as appropriate. For instance, AD 97-11-03R2, issued by the Brazilian Civil Aviation Authority (CTA) regarding Embraer EMB-120 model aircraft, has been assessed by CASA and subsequently issued as Australian AD/EMB-120/25 Amendment 2, effective from 17 March 2005. Since ADs are issued in response to international obligations under the Convention on International Civil Aviation and the State of Design's ADs, no consultation of the Australian public or a Regulatory Impact Statement is required.
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 safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901, and is subject to the requirements of the Legislative Instruments Act 2003.
Under the Act and the Regulations, CASA is tasked with assessing ADs issued by the State of Design and issuing corresponding Australian ADs as necessary. This ensures that Australian aircraft meet the continuing airworthiness requirements as per the Convention on International Civil Aviation. In this instance, AD 97-11-03R2, issued by the Brazilian Civil Aviation Authority (CTA) for the Embraer EMB-120 model aircraft, has been assessed and will be implemented as Australian AD/EMB-120/25 Amendment 2, effective from 17 March 2005.
The obligations imposed by these provisions are primarily on CASA, which must rigorously assess any ADs from the State of Design to ensure that they are consistent with Australian safety standards. CASA is also responsible for issuing Australian ADs that mandate the requirements of the State of Design, ensuring that Australian aircraft comply with international airworthiness standards. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and must implement ADs issued by CASA as required.
Failure to comply with ADs can result in significant civil and criminal consequences. Under the Civil Aviation Act 1988, aircraft found to be non-compliant with an AD can be grounded, leading to potential financial losses for operators. Additionally, operating an aircraft that does not comply with an AD can be considered a breach of safety regulations, resulting in penalties such as fines or imprisonment. The specific penalties are detailed in the Civil Aviation Regulations 1998, and can include substantial financial penalties and imprisonment terms, depending on the severity of the breach.