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 2009-07-04, affecting Embraer EMB-120 series aircraft. Brazil is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to renumber the Compliance Statements. The amended AD, AD/EMB-120/49 Amendment 1, will become effective on 27 August 2009. 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 Manager, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to create regulations in the interest of air navigation safety. In particular, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring that these meet the continuing airworthiness standards mandated by international agreements. This legislative framework aims to harmonise Australia's aviation safety practices with global standards, thereby protecting public safety and maintaining the integrity of Australia's aviation industry. The issuance of ADs, such as AD/EMB-120/49 Amendment 1 for Embraer EMB-120 series aircraft, is a direct response to international safety directives and obligations under the Convention on International Civil Aviation. These directives are crucial for maintaining consistent safety standards across different jurisdictions and ensuring that aircraft registered in Australia meet the necessary safety requirements as stipulated by the relevant State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. An AD is a legislative instrument, disallowable under the Acts Interpretation Act 1901, and it mandates the requirements for maintaining the airworthiness of aircraft, which falls under the purview of the State of Registry. In the case of the Embraer EMB-120 series aircraft, the State of Design is Brazil, and CASA, acting as Australia's national airworthiness authority, must issue an Australian AD to comply with international obligations under the Convention on International Civil Aviation. The AD in question, AD/EMB-120/49 Amendment 1, has been issued in response to an AD by the Brazilian Civil Aviation Authority, and it cancels and replaces the previous AD, effective from 27 August 2009. Given the international nature of the directive and its alignment with regulatory best practices, there has been no requirement for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD, as stipulated in subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to act on ADs issued by the State of Design of a particular aircraft type, which in this case is Brazil for the Embraer EMB-120 series aircraft. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, has the primary responsibility for the continuing airworthiness of the aircraft type, and must provide any necessary information to ensure its airworthiness. The State of Registry, which is Australia in this context, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. When the Brazilian National Civil Aviation Agency (ANAC) issued AD 2009-07-04 for the Embraer EMB-120 series, CASA was required to assess this information and, if necessary, issue a corresponding Australian AD. The amended Australian AD, AD/EMB-120/49 Amendment 1, is intended to mandate the requirements of the Brazilian AD and will take effect on 27 August 2009.
Given the international nature of these regulations and the obligations under the Convention on International Civil Aviation, CASA was not required to consult the Australian public on this AD, as it is a response to an AD raised by the relevant State of Design. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This AD has been issued by the Manager, Future Technology and Regulatory Trends in CASA’s Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
In terms of consequences, any failure to comply with the requirements of an AD can result in serious ramifications. CASA can impose penalties or take enforcement action against any party that does not adhere to the ADs. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines. In more serious cases, especially those that involve significant safety risks, CASA may also pursue criminal charges, which could result in substantial fines and imprisonment. The specific penalties for breaches depend on the severity of the non-compliance and the potential risks posed to aviation safety.