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 2005-12-02 affecting Embraer 120 series aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB 120/42, which will become effective on 16 March 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, New Technologies and Systems, 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 ensure the safety of air navigation and to provide a regulatory framework for civil aviation in Australia. This legislation was introduced to address the need for a comprehensive legal structure governing the safety and efficiency of civil aviation, aligning with international standards and practices. The Civil Aviation Act 1988 empowers the Governor-General to make regulations that facilitate the operation of the Act, particularly in the interests of air navigation safety. Under this Act, the Civil Aviation Safety Regulations 1998 were also formulated, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are intended to maintain the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation, ensuring consistency with the responsibilities of the State of Design and the State of Registry. The policy objective is to mandate safety measures and compliance with international standards to protect public safety and facilitate international cooperation in aviation safety.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, aimed at ensuring the safety of air navigation. These ADs, as legislative instruments, are issued pursuant to the authority granted under the Act and must align with international standards, specifically those outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are pivotal in maintaining the continuing airworthiness of aircraft, with the State of Design having primary responsibility for issuing ADs that the State of Registry, in this case CASA, must adopt or adapt to local regulations. For instance, CASA has issued Australian AD/EMB 120/42 in response to a Brazilian AD concerning Embraer 120 series aircraft, reflecting Australia's commitment to international aviation safety standards. Given the international nature and specific technical requirements of ADs, they are not subject to public consultation or a Regulatory Impact Statement. Instead, they are crafted by CASA officials within the specified regulatory framework.
Key Provisions
The main operative sections of this legislation involve the issuing of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These provisions allow the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, in accordance with section 6 of the Legislative Instruments Act 2003, is a legislative instrument. These ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft types.
The obligations and requirements imposed by this Act on the parties or entities it governs include the responsibility of the State of Design to provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry, and the duty of the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the safety and airworthiness of aircraft types in the Australian Register are maintained.
Breaches of these regulations can result in civil or criminal consequences, although specific offences, penalties, or consequences are not detailed in the text provided. The issuing of ADs is governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which outline the legal framework for the safety of air navigation and the continuing airworthiness of aircraft. The text does not specify maximum penalties for breaches of these regulations, but it is understood that non-compliance could lead to significant legal repercussions.
In summary, the legislation focuses on the issuing of airworthiness directives by CASA to ensure the safety and airworthiness of aircraft types in the Australian Register. It imposes specific responsibilities on the State of Design and the State of Registry, and outlines the role of CASA in assessing and mandating these ADs. While the text does not detail specific penalties for breaches, it is clear that compliance with these regulations is crucial for maintaining the safety of air navigation in Australia.