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 DAC has issued AD 2005-06-01 affecting Embraer EMB-120 model aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/EMB-120/38, which will become effective on 1 September 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 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, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed provisions regarding safety standards, with regulation 39.001 specifically allowing the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the airworthiness of aircraft and aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design holds responsibility for an aircraft type's continuing airworthiness, while the State of Registry ensures the airworthiness of individual aircraft. CASA, acting as Australia's national airworthiness authority, issues Australian ADs when necessary, such as in response to ADs issued by the State of Design, without requiring public consultation. The AD/EMB-120/38 issued by CASA in response to Brazilian DAC's AD 2005-06-01 exemplifies this process and was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA.
Scope and Application
The Civil Aviation Act 1988 provides the legal framework under which the Civil Aviation Safety Regulations 1998 are made, with the aim of ensuring the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby exercising a significant level of regulatory control over the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments and are issued in accordance with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. In Australia, CASA acts as the national airworthiness authority, and when an AD is issued by a State of Design such as Brazil for an aircraft type registered in Australia, CASA is required to assess and, if necessary, issue a corresponding Australian AD. This ensures that all aircraft in Australia meet the continuing airworthiness standards set by the relevant international standards. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued by CASA on behalf of the Governor-General, under the authority granted by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as defined under section 46A of the Acts Interpretation Act 1901, and are subject to disallowance. The ADs are crucial for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, which in this case is Brazil for Embraer EMB-120 model aircraft, holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties and entities governed by these regulations are multi-faceted. The State of Design must ensure that the aircraft type meets safety standards and provide the requisite information to the States of Registry. For Australia, CASA, as the national airworthiness authority, is mandated to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the same requirements domestically. This process ensures that Australian aircraft meet international safety standards and maintain airworthiness in line with global practices. CASA must also ensure that any AD issued is consistent with Australia’s obligations under international conventions and regulations.
In terms of legal consequences, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose significant penalties for non-compliance with ADs. Operators of aircraft who fail to comply with the mandated airworthiness requirements can face severe penalties. The maximum fines for civil penalties under the Civil Aviation Act 1988 can reach up to $1,110,000 for corporations and $222,000 for individuals, depending on the severity of the non-compliance. Additionally, criminal penalties may be applicable, and in the most severe cases, imprisonment can be imposed. These stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation and the protection of lives and property.