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 2005-12-04 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 120/43, 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 regulate civil aviation in Australia and ensure the safety of air navigation. This legislation empowers the Governor-General to make regulations for the Act's purposes, with the overarching aim of enhancing aviation safety. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The policy objective of these regulations is to align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring an aircraft type's continuing airworthiness. Consequently, CASA, as Australia's national airworthiness authority, is required to assess and, if necessary, issue Australian ADs to enforce the requirements set by the relevant State of Design, thus ensuring compliance with international obligations and maintaining high safety standards in Australian civil aviation.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001, thereby ensuring compliance with safety standards. Notably, these ADs are considered legislative instruments as per the Legislative Instruments Act 2003. The scope of these ADs extends to all aircraft registered in Australia, regardless of their location, ensuring a uniform approach to airworthiness across the nation. The ADs are formulated in response to the obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design maintains responsibility for the continuing airworthiness of an aircraft type. Consequently, when an AD is issued by a foreign State of Design, such as Brazil for the Embraer 120 series, CASA evaluates the directive and, if necessary, issues a corresponding Australian AD to enforce the safety requirements domestically. It is important to note that such ADs are not subject to public consultation or a Regulatory Impact Statement, as they are directly tied to international obligations and pre-existing ADs from the relevant State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD (section 39.001(5)) is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are critical for ensuring the continuing airworthiness of aircraft and are typically issued by the State of Design, which holds overall responsibility for the type of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. In the case of an Australian registered aircraft, CASA, as the national airworthiness authority, must review any relevant ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce those requirements.
In line with these regulations, CASA issued Australian AD/EMB 120/43 for the Embraer 120 series aircraft, effective from 16 March 2006. This directive was issued due to AD 2005-12-04 by the Brazilian Civil Aviation Authority (CTA), which is the State of Design for this aircraft type. The issuance of this AD is a result of Australia's obligations under the Convention on International Civil Aviation and its response to the AD issued by the relevant State of Design. Consequently, no public consultation was conducted on this AD, and the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
The issuance of ADs is governed by the Civil Aviation Act 1988 (section 98) and involves specific obligations and requirements for CASA and other entities. CASA, as the national airworthiness authority, must assess any relevant ADs issued by the State of Design and determine whether an Australian AD is necessary. If an Australian AD is issued, it must be enforced, and the relevant aircraft operators must comply with the mandated requirements. Failure to comply with an AD can result in significant consequences, including potential civil or criminal penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil penalties, including fines, and in more severe cases, criminal penalties. The maximum penalties for non-compliance can vary depending on the specific circumstances and the severity of the breach.