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 Authority has issued AD 97-09-01 affecting Embraer 145 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-145/11, which will become effective on 31 July 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure safety in the interests of the public. The Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation mandates the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for kinds of aircraft or aeronautical products to ensure their continuing airworthiness. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance as per the Acts Interpretation Act 1901. The Civil Aviation Act 1988 thus seeks to harmonise Australia's civil aviation regulations with international standards and obligations, particularly those set out in the Convention on International Civil Aviation, ensuring that the State of Registry, in this case CASA, maintains the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 applies to all matters relating to civil aviation within Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the power to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides for CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and State of Registry of an aircraft. As such, when a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. In this case, CASA has issued Australian AD/EMB-145/11 in response to AD 97-09-01 raised by the Brazilian Authority affecting Embraer 145 model aircraft. This AD will become effective on 31 July 2008 and has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as they pertain to the issuance of airworthiness directives (ADs), are detailed in section 98 which grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are therefore classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA and other relevant parties are significant. CASA, as Australia's national airworthiness authority, must assess information from the State of Design when an AD is issued by the State of Design, which is the State responsible for the design of the aircraft type. If deemed appropriate, CASA must then issue an Australian AD to mandate the requirements of the State of Design. For instance, when the Brazilian Authority issued AD 97-09-01 affecting Embraer 145 model aircraft, CASA assessed this information and issued Australian AD/EMB-145/11, which took effect on 31 July 2008. The State of Registry, in this case Australia, has the responsibility of ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to this end in accordance with Annex 8 of the Convention on International Civil Aviation.
The Act and accompanying regulations also delineate the consequences of non-compliance with ADs. While the text does not explicitly outline specific offences or penalties, it is reasonable to infer that failure to comply with an AD could lead to significant safety issues, and such non-compliance might be addressed under other sections of the Civil Aviation Act 1988 or related regulations. Typically, non-compliance with airworthiness directives can result in civil penalties, including fines, and in severe cases, criminal charges. The precise penalties would depend on the nature and severity of the breach, but they could potentially include substantial fines and imprisonment for individuals, as well as penalties for the entities involved.