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 2006-09-03R1 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-145/21, 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, enacted by the Australian Parliament, aims to provide comprehensive regulations for civil aviation safety within Australia. The Act empowers the Governor-General to issue regulations that support the Act's objectives, particularly in ensuring the safety of air navigation. One of the mechanisms through which these objectives are achieved is the issuance of airworthiness directives (ADs), as outlined in the Civil Aviation Safety Regulations 1998. ADs serve as legislative instruments that mandate specific requirements to maintain the continuing airworthiness of aircraft. In line with international standards set by the Convention on International Civil Aviation, particularly Annex 8, the State of Design has the responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure the ongoing compliance of individual aircraft with these standards. CASA, as Australia’s national airworthiness authority, evaluates and, if necessary, issues Australian ADs to reflect the requirements of the State of Design, thereby fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, authorise 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 in accordance with the Civil Aviation Act 1988. This authority is exercised under the oversight of the State of Design and the State of Registry, which are responsible for the continuing airworthiness of aircraft types and individual aircraft respectively, as outlined in Annex 8 to the Convention on International Civil Aviation. For instance, in response to AD 2006-09-03R1 issued by Brazil’s Agência Nacional De Aviação Civil concerning Embraer EMB-145 aircraft, CASA has issued Australian AD/EMB-145/21, effective from 28 August 2008. The process of issuing such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are legislative instruments as defined under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, and they are implemented by CASA on behalf of the Commonwealth of Australia.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of aviation safety in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments, as stipulated in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and the regulations are significant. The State of Design, which is the country where an aircraft is designed, holds the primary responsibility for the continuing airworthiness of an aircraft type, in accordance with Annex 8 to the Convention on International Civil Aviation. This state must provide necessary information to ensure the airworthiness of its aircraft types to the States of Registry. The State of Registry, the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international safety standards.
Failure to comply with ADs can lead to severe consequences. The Act and the regulations do not explicitly outline penalties for non-compliance with ADs, but non-compliance with aviation safety regulations generally can result in severe civil or criminal penalties. The severity of the penalty depends on the nature and extent of the non-compliance, but it can include substantial fines and, in the case of serious breaches, imprisonment. Additionally, CASA has the authority to take enforcement actions such as grounding non-compliant aircraft, which can have significant operational and financial implications for aircraft operators. The regulatory framework is designed to ensure that all parties involved in the aviation industry adhere to the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation system.