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 2006-06-02 affecting Embraer EMB-145 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EMB-145/2, which will become effective on 23 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 Commonwealth Parliament, establishes the framework for ensuring the safety of civil aviation in Australia. This legislation empowers the Governor-General to create regulations that safeguard air navigation, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, specify that the Civil Aviation Safety Authority (CASA) can issue ADs for particular types of aircraft or aeronautical products. The objective of these ADs is to ensure the continuing airworthiness of aircraft, in alignment with Australia's obligations under the Convention on International Civil Aviation. The process involves CASA assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments as per section 6 of the Legislative Instruments Act 2003, and they play a crucial role in ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design has overarching responsibility for the airworthiness of aircraft types, and it must provide necessary information to the States of Registry, which in turn must ensure the continuing airworthiness of the aircraft registered within their jurisdiction. For aircraft registered in Australia, CASA, as the national airworthiness authority, is mandated to issue Australian ADs when required. The ADs are issued without public consultation as they stem from Australia's international obligations under the Convention on International Civil Aviation and in response to ADs issued by the relevant State of Design.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include section 98, which empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies ADs as legislative instruments. Additionally, Annex 8 to the Convention on International Civil Aviation outlines the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft.
The Civil Aviation Safety Regulations 1998 impose obligations on CASA, as Australia’s national airworthiness authority, to assess and issue Australian ADs when necessary to ensure the continuing airworthiness of aircraft on the Australian Register. This includes reviewing and implementing ADs issued by the State of Design, such as the Brazilian ANAC’s AD 2006-06-02 for Embraer EMB-145 model aircraft. CASA is tasked with issuing an Australian AD, such as AD/EMB-145/2, which will become effective on 23 June 2008. Furthermore, under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and must act on ADs issued by the State of Design.
Failure to comply with ADs can result in significant consequences. Under section 12 of the Civil Aviation Act 1988, any person who contravenes a requirement of an AD commits an offence. This can lead to criminal penalties, including fines of up to $162,000 for individuals and $810,000 for corporations. Additionally, CASA may take enforcement actions such as grounding non-compliant aircraft or imposing other administrative penalties. These provisions are critical for ensuring that aircraft remain airworthy and that safety standards are maintained across the aviation industry.