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 has issued AD 2007-03-03 affecting Embraer model EMB-120 aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/EMB-120/45, which will become effective on 7 June 2007.
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 establish and maintain a regulatory framework that ensures the safety of civil aviation within Australia. This Act provides the authority for the creation and enforcement of regulations related to civil aviation safety, including the issuance of airworthiness directives (ADs). Enacted by the Australian Parliament, the Act aims to protect the public by ensuring that civil aviation operations and aircraft meet safety standards. Under the authority granted by section 98 of the Act, the Governor-General can make regulations to support these objectives, as implemented by the Civil Aviation Safety Regulations 1998. The issuance of ADs by the Civil Aviation Safety Authority (CASA) under regulation 39.001 is an integral part of ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international standards and obligations under the Convention on International Civil Aviation.
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) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are made in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft, in line with Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design for providing necessary information and on the State of Registry for implementing these requirements. In Australia, CASA, as the national airworthiness authority, evaluates ADs issued by other countries, such as the Brazilian ANAC's AD 2007-03-03 for Embraer model EMB-120 aircraft, and subsequently issues corresponding Australian ADs, like AD/EMB-120/45, which become effective on specified dates. This process ensures compliance with international aviation standards and does not require public consultation or a Regulatory Impact Statement, as it is driven by Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These directives are intended to ensure the safety of air navigation, aligning with the overarching mandate of the Civil Aviation Act 1988. Specifically, regulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and by extension, as legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that while ADs have the force of law, they are subject to parliamentary disallowance and review.
Compliance with these ADs is mandatory for the entities they govern. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA acting on behalf of Australia, must ensure that the aircraft continue to meet airworthiness standards. When a foreign State of Design issues an AD, such as AD 2007-03-03 from the Brazilian ANAC affecting Embraer EMB-120 aircraft, CASA is obligated to assess this directive and, if deemed appropriate, issue a corresponding Australian AD. Such was the case with AD/EMB-120/45, which CASA issued and which became effective on 7 June 2007.
Failure to comply with the provisions of an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in significant penalties. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines, while criminal penalties might involve imprisonment, reflecting the seriousness of compromising aviation safety. The exact penalties are determined by the courts based on the nature and severity of the breach, but they can be substantial, reinforcing the importance of adherence to ADs.
The process of issuing ADs such as AD/EMB-120/45 is designed to ensure that they are issued in compliance with Australia's international obligations and to maintain the highest safety standards. Given that these ADs are a direct response to international mandates and issued by the relevant State of Design, they do not typically require public consultation. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process while maintaining rigorous oversight. The AD was issued by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act, ensuring that all actions are taken within the legal framework.