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 2007-05-02 affecting Embraer EMB-120 model aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/EMB-120/46, which will become effective on 29 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 Acting 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 provide a legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including those pertaining to airworthiness, thereby facilitating the oversight of aircraft and aeronautical products to maintain high safety standards. Under the authority granted by this Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs are integral to ensuring the continuing airworthiness of aircraft, aligning with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The objective is to uphold safety by mandating necessary actions and ensuring that all stakeholders comply with the regulations, thereby protecting the public and maintaining the integrity of Australia's civil aviation system.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the continuing safety of aircraft and aeronautical products within Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments in accordance with the Legislative Instruments Act 2003. The ADs are necessary to comply with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft. ADs are a common form of continuing airworthiness information issued by most ICAO Contracting States. In the case of the Embraer EMB-120 model aircraft, the Brazilian National Civil Aviation Agency issued an AD, leading CASA to assess and issue an Australian AD in response to international obligations. The process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of this legislation revolve around the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (subsection 39.001(5)). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that are necessary for the safety of air navigation, which includes the issuance of ADs. These directives are legislative instruments and are aimed at ensuring the continuing airworthiness of aircraft types as per Annex 8 of the Convention on International Civil Aviation.
Under these regulations, CASA is mandated to issue airworthiness directives when necessary, particularly in response to directives issued by the State of Design. This means that if a State of Design, such as Brazil in this case, issues an AD affecting a type of aircraft registered in Australia, CASA must review this information and, if deemed necessary, issue an Australian AD. For instance, following the Brazilian ANAC's AD 2007-05-02 affecting Embraer EMB-120 model aircraft, CASA issued Australian AD/EMB-120/46. This ensures that all aircraft of this type registered in Australia comply with the necessary safety requirements.
The obligations and requirements imposed by this legislation primarily concern CASA's role in maintaining and ensuring the continuing airworthiness of aircraft. CASA must assess any ADs issued by States of Design and determine if an Australian AD is necessary. If so, CASA must issue the AD, which will include specific requirements that must be met by the operators of the affected aircraft. These requirements are intended to address any safety issues identified with the aircraft type and must be complied with to maintain the aircraft's airworthiness.
Regarding consequences for non-compliance, the regulations do not explicitly detail specific penalties or consequences within the text provided. However, non-compliance with ADs can generally lead to serious safety risks and potential legal repercussions. Operators failing to adhere to the requirements of an AD could face enforcement actions by CASA, which might include fines, suspension of the aircraft's certificate of airworthiness, or other regulatory penalties. The seriousness of these consequences underscores the importance of adhering to ADs to ensure the safety of air navigation.