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 AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL - BRAZIL has issued AD
2007-08-02 affecting Embraer EMB 145 aircraft. Brazil is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian
AD/EMB-145/17, which will become effective on 28 August 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, 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 establish a comprehensive regulatory framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act provides the authority for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the power to make regulations for the safety of air navigation, with regulation 39.001 specifically enabling the issuance of ADs by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that address continuing airworthiness issues for aircraft or aeronautical products, mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft, necessitating the collaboration between these entities and CASA to ensure compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the regulatory framework for ensuring the safety of civil aviation in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs issued by CASA are in response to international obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements set forth by the State of Design. For instance, following the issuance of AD 2007-08-02 by the Brazilian civil aviation authority concerning Embraer EMB 145 aircraft, CASA issued Australian AD/EMB-145/17, which became effective on 28 August 2008. This process ensures that Australian registered aircraft meet international safety standards and are compliant with the relevant ADs issued by their State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft types as stipulated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the requirement for the State of Design to provide necessary information to ensure the airworthiness of aircraft types, with the State of Registry being responsible for the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process is exemplified by the AD issued by the AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL - BRAZIL for Embraer EMB 145 aircraft, which CASA has assessed and issued as Australian AD/EMB-145/17, effective from 28 August 2008.
Given the international obligations under the Convention on International Civil Aviation and the response to an AD from the relevant State of Design, no public consultation was required for this AD. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are specific consequences for breaches of the Civil Aviation Safety Regulations 1998. Offences under these regulations can lead to substantial penalties. For instance, non-compliance with an AD can result in a civil penalty, with maximum fines that can extend to $20,000 for individuals and $100,000 for corporations. Additionally, criminal penalties may apply, including fines of up to $100,000 and imprisonment for up to two years for individuals, and up to $500,000 for corporations. These stringent measures underscore the importance of adhering to ADs for maintaining the safety and airworthiness of aircraft.