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 ANAC issued AD 2007-03-03, affecting Embraer EMB-120 model aircraft, in 2007. Brazil is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to align the compliance times for Requirements 1 and 2 of the original AD. The amended AD, AD/EMB-120/45 Amendment 1, will become effective on 23 October 2008. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. The Act empowers the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 specifying provisions such as the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate compliance with airworthiness requirements, aligning with international standards set by the Convention on International Civil Aviation. This particular legislation addresses the need for Australia to respond to ADs issued by the State of Design, in this case, Brazil, for the Embraer EMB-120 model aircraft, ensuring that Australian aircraft meet necessary safety standards. The AD in question, issued by CASA, amends the compliance times for specific requirements of the original Brazilian AD, reflecting Australia's commitment to international safety protocols.
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, thereby ensuring compliance with the safety standards stipulated in the Civil Aviation Act 1988. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. They are critical in maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. The ADs are generally issued by the State of Design, with the State of Registry responsible for ensuring the aircraft’s ongoing airworthiness within its jurisdiction. CASA, as Australia’s national airworthiness authority, evaluates the ADs issued by foreign entities, such as the Brazilian ANAC’s AD 2007-03-03 for the Embraer EMB-120 model, and issues corresponding Australian ADs as necessary, such as AD/EMB-120/45 Amendment 1, which modifies compliance timelines. This process is executed without public consultation due to the international obligations and the nature of ADs, and it does not require a Regulatory Impact Statement. The ADs are made by authorised personnel within CASA, ensuring adherence to the legislative framework.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products (regulation 39.001). These ADs serve as legislative instruments, and they are issued to ensure the continuing airworthiness of aircraft, in line with international standards as outlined in Annex 8 of the Convention on International Civil Aviation (section 98 of the Civil Aviation Act 1988). The State of Design, such as Brazil in the case of the Embraer EMB-120 model aircraft, is responsible for providing necessary information to ensure airworthiness, and the State of Registry, such as CASA in Australia, is responsible for implementing these requirements. In this case, CASA has amended the Australian AD to align with the Brazilian AD 2007-03-03, and the amended AD, AD/EMB-120/45 Amendment 1, will take effect on 23 October 2008.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties or entities it governs include the requirement for CASA to assess information provided by the State of Design and issue appropriate ADs to ensure compliance with airworthiness standards. The State of Design must provide any necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must implement these requirements. The ADs are designed to ensure that aircraft remain in a safe and airworthy condition, and they must be adhered to by all relevant parties, including aircraft operators and maintenance providers. CASA must also ensure that any changes to ADs are communicated effectively and that compliance is monitored.
Breach of the provisions of the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. Civil penalties can include fines and other monetary penalties, while criminal penalties can include imprisonment and/or fines. The maximum penalties for breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can vary depending on the nature and severity of the offence. For example, an individual who knowingly contravenes a requirement of the regulations can be subject to a fine of up to $22,200 for a minor infringement, or $222,000 for a serious infringement. Additionally, an individual who is responsible for a serious breach of the regulations that results in the death of a person can be subject to imprisonment for up to 10 years. It is important for all parties governed by the regulations to comply with the requirements to avoid any potential legal consequences.