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 2009-07-04 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 120/49, which will become effective on
27 August 2009.
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, 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 by the Parliament of Australia, serves to establish a comprehensive regulatory framework for civil aviation within Australia. This legislation was introduced to address the need for a cohesive and enforceable set of regulations to ensure the safety, efficiency, and orderly development of civil aviation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs), which are regulatory mandates that ensure the continuing airworthiness of aircraft and aeronautical products. Such directives are essential for maintaining high safety standards in alignment with international conventions, particularly those established by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998 further define the process and authority for issuing these ADs. The policy objective underlying these provisions is to uphold the highest safety standards in civil aviation, ensuring that all aircraft operating in Australia meet stringent airworthiness criteria.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products in the interest of ensuring air safety. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Under international obligations, the State of Design has a responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry, which in Australia is CASA. In this context, when an AD is issued by the State of Design, CASA must assess the information and, if deemed appropriate, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet international safety standards. For instance, in response to a Brazilian AD affecting Embraer EMB-120 model aircraft, CASA issued Australian AD/EMB 120/49. This AD was issued under Australia’s obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legislative framework is critical for maintaining the safety and airworthiness standards of aircraft.
The obligations placed on the parties and entities governed by this Act are extensive. The State of Design, which is responsible for the design of the aircraft, must provide all necessary information to ensure the continuing airworthiness of the aircraft type. This obligation is underscored by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
Failure to comply with the provisions of an AD can lead to serious legal consequences. The Act does not explicitly detail offences or penalties for non-compliance with ADs, but it is reasonable to infer that any breach of airworthiness regulations could lead to enforcement actions by CASA. These actions may include grounding the aircraft, imposing fines, or other administrative penalties. The severity of these penalties can vary, but they are intended to ensure strict adherence to airworthiness standards to maintain the safety of air navigation.
Given the international nature of air travel and the need for harmonised safety standards, the ADs issued by CASA in response to those from the State of Design, such as the Brazilian AD 2009-07-04 for Embraer EMB-120 model aircraft, are crucial. The process of issuing such ADs does not require public consultation as they are a direct response to international obligations and safety imperatives. This streamlined process ensures that safety directives can be implemented swiftly without unnecessary delays.