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 2008-05-01 affecting Embraer EMB-120 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-120/47, which will become effective on 18 June 2008.
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 Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to provide a regulatory framework for the safety and efficiency of civil aviation within Australia. In the interests of air navigation safety, the Act empowers the Governor-General to make regulations under section 98, with the Civil Aviation Safety Regulations 1998 establishing the mechanisms for issuing airworthiness directives (ADs) as a means to maintain the continuing airworthiness of aircraft. In compliance with international obligations under Annex 8 of the Convention on International Civil Aviation, the Civil Aviation Safety Authority (CASA) assumes the responsibility of assessing foreign ADs and issuing corresponding Australian ADs when necessary, thereby ensuring that Australian-registered aircraft meet the requisite safety standards. The issuance of AD 2008-05-01 by the Brazilian National Civil Aviation Agency (ANAC) concerning the Embraer EMB-120 model aircraft exemplifies this process, with CASA subsequently issuing Australian AD/EMB-120/47 to address the safety concerns identified by the Brazilian State of Design.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001. This legislation applies to entities such as the Civil Aviation Safety Authority (CASA) and any aircraft operator within Australia, mandating adherence to ADs to ensure the safety of air navigation. These regulations have a national reach across Australia and are issued in accordance with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. The Act and accompanying regulations provide CASA with the authority to issue ADs in response to safety concerns identified by the State of Design or as a result of Australia’s international obligations. Notably, ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, requiring CASA to assess and, if necessary, mandate the requirements of foreign ADs issued by the State of Design. The issuance of such directives does not require public consultation or a Regulatory Impact Statement, reflecting their urgent nature and the reliance on international safety standards.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides a robust framework for ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations for the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This legislative mechanism is further clarified in subregulation 39.001(5), which identifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thus confirming their status as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations extend to both the State of Design and the State of Registry. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, is responsible for the continuing airworthiness of an aircraft type and must provide any necessary information to the State of Registry to ensure this airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to maintain the continuing airworthiness of individual aircraft. In Australia, CASA functions as the national airworthiness authority. When an AD is issued by the State of Design, CASA must evaluate this information and, if deemed appropriate, issue a corresponding Australian AD to enforce the State of Design’s requirements. This ensures that Australian-registered aircraft meet international safety standards.
The implications of these regulations become particularly clear in the context of the Embraer EMB-120 model aircraft. The Brazilian National Civil Aviation Agency (ANAC) issued AD 2008-05-01 for this type of aircraft, with Brazil being the State of Design. CASA has assessed this directive and issued its own AD, AD/EMB-120/47, which is set to take effect on 18 June 2008. Given the international nature of these obligations and the direct response to the State of Design’s AD, no public consultation has been required for this Australian AD. Additionally, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with the requirements of these ADs can result in serious legal consequences. Under the Civil Aviation Act 1988, any non-compliance with an AD can be considered an offence. Such offences can attract both civil and criminal penalties, depending on the severity of the breach. The maximum penalties for breaches can be significant, underscoring the importance of adherence to these safety directives. Infractions can lead to fines, imprisonment, or both, reflecting the critical nature of air safety and the statutory obligation to uphold these standards.