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 Brazilian DAC has issued AD 2005-04-01 affecting Embraer model EMB-120( ) aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/EMB-120/37, which will become effective on 9 June 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, addressing various aspects of safety, efficiency, and regulation within the industry. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under section 98, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products. The objective of these regulations is to ensure the ongoing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO) and the Convention on International Civil Aviation. The issuance of ADs is a critical mechanism for maintaining safety standards, as the State of Design has the primary responsibility for ensuring the airworthiness of aircraft types, with the State of Registry tasked with implementing these directives for individual aircraft.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the objective of ensuring the safety of air navigation. According to section 98 of the Act, the Governor-General has the authority to make regulations, which include the issuance of ADs by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are intended to ensure the continuing airworthiness of aircraft and aeronautical products, and they are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry is responsible for the continuing airworthiness of individual aircraft, while the State of Design has the responsibility for the airworthiness of aircraft types. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the AD and, if appropriate, issue an Australian AD to enforce the requirements. The issuance of these ADs is governed by Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to create regulations under the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) 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 in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, has the responsibility to assess and, if necessary, issue Australian ADs that align with the ADs issued by the State of Design.
Under the Civil Aviation Act 1988, entities such as CASA are mandated to issue ADs when required, particularly in response to directives issued by the State of Design. For example, Brazil, as the State of Design for Embraer model EMB-120 aircraft, issued AD 2005-04-01. CASA assessed this directive and subsequently issued Australian AD/EMB-120/37, effective from 9 June 2005. This process ensures that the continuing airworthiness of aircraft on the Australian Register is maintained in compliance with international standards. The State of Registry, in this case, CASA, must ensure that all necessary requirements are met to maintain the airworthiness of the aircraft. These requirements are derived from the ADs issued by the State of Design and are necessary to ensure the safety of air navigation.
In terms of obligations, CASA and other relevant entities are required to follow the ADs issued by the State of Design and to issue corresponding Australian ADs where necessary. The ADs mandate specific actions to be taken to maintain the airworthiness of the aircraft. These actions can include inspections, repairs, modifications, or the replacement of parts. CASA must also ensure that all stakeholders, such as aircraft operators and maintenance organisations, are informed of these requirements and comply with them. Additionally, CASA is responsible for monitoring compliance with the ADs and taking appropriate action if any non-compliance is detected.
Failure to comply with the ADs can result in significant consequences, both civil and criminal. Under section 48 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and is liable for a penalty. The maximum penalty for an individual is generally set out in the regulations and can include substantial fines. For corporations, the penalties can be even higher. In addition to fines, non-compliance can also result in the grounding of aircraft, which can have severe operational and financial repercussions for the operators. Furthermore, repeated non-compliance or serious breaches can lead to more severe penalties, including potential criminal charges and imprisonment. CASA has the authority to enforce these penalties and take appropriate action against entities or individuals found to be in breach of the ADs.