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 CTA has issued AD 2005-08-03 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-120/39, which will become effective on 27 October 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 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, addressing various aspects of safety, regulation, and administration within the sector. One of its key provisions allows the Governor-General to make regulations to ensure the safety of air navigation, thereby entrusting the Civil Aviation Safety Authority (CASA) with the responsibility of issuing airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance and review, reflecting the importance of adhering to international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 thus facilitates Australia's compliance with global aviation safety standards by mandating CASA to act on directives from the State of Design, ensuring the continuing airworthiness of aircraft registered in Australia. This legislative framework is essential for maintaining safety and regulatory coherence in the aviation industry, aligning Australia’s practices with international obligations and standards.
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) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation as per section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments and are issued under the authority of Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs to enforce the requirements of ADs issued by the State of Design. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in compliance with international standards. The issuance of ADs such as AD/EMB-120/39, in response to an AD issued by Brazil for Embraer EMB-120 model aircraft, is an example of this mechanism in action. These directives are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the power to make regulations that ensure the safety of air navigation. Regulation 39.001(5) specifies that an AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901. This means that an AD carries the same legal weight as a legislative instrument and is subject to the same scrutiny and requirements.
Airworthiness directives are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft was designed, is responsible for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, which are the countries where the aircraft is registered. In Australia, CASA is the national airworthiness authority responsible for assessing any airworthiness directives issued by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements.
Under the Civil Aviation Safety Regulations 1998, CASA must issue an Australian AD when a State of Design issues an AD for an aircraft type on the Australian Register. This ensures that Australian-registered aircraft comply with the international standards set by the State of Design. For example, the Brazilian CTA issued AD 2005-08-03 for Embraer EMB-120 model aircraft, and CASA has assessed this directive, issuing Australian AD/EMB-120/39, effective from 27 October 2005. Given that this AD is in response to international obligations and the AD issued by the State of Design, no public consultation has been required, and the Office of Regulatory Review has determined that it does not necessitate a Regulatory Impact Statement.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment and potential issuance of Australian ADs in response to directives from the State of Design. Failure to comply with these directives can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in penalties. For instance, section 76 of the Act outlines that a person who contravenes an AD can face fines up to $300,000 for individuals and up to $1.5 million for corporations. Furthermore, in serious cases, the penalties may extend to imprisonment, reflecting the serious implications of non-compliance on aviation safety.