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 ANAC has issued AD 2009-08-03 affecting Embraer model EMB-135 and EMB-145 aeroplanes. Brazil is the State of Design for Embraer aircraft. CASA has assessed this AD and has issued Australian AD/EMB-145/24, which will become effective on 20 December 2010.
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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to create regulations that align with the Act's objectives, particularly in the interests of air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, ensuring they meet the necessary legal standards. This regulatory mechanism is integral to Australia's commitment to international standards set by the International Civil Aviation Organization (ICAO), particularly through Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design maintain and communicate the continuing airworthiness of aircraft types. Consequently, CASA, as Australia's national airworthiness authority, must evaluate and, if required, issue Australian ADs to enforce the directives issued by the relevant State of Design, thereby fulfilling Australia's obligations under the Convention.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, establish the framework within which airworthiness directives (ADs) can be issued to ensure the safety of air navigation. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Such ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative authority applies to the continuing airworthiness of aircraft types designed and registered within Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, such as Brazil for Embraer aircraft, holds the primary responsibility for issuing ADs, while the State of Registry, in this case Australia, must adopt these directives to mandate compliance among aircraft registered within its jurisdiction. This regulatory mechanism ensures that Australian aircraft meet necessary safety standards, thereby fulfilling Australia’s international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation through the issuance of airworthiness directives (ADs) (sections 98 and 39.001). Section 98 empowers the Governor-General to make regulations for the Act's purposes, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per the Legislative Instruments Act 2003. This legislative framework ensures that ADs can be issued to maintain or restore airworthiness, aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining aircraft airworthiness.
The obligations imposed by the Act and the Regulations primarily rest on CASA as Australia’s national airworthiness authority. CASA is mandated to assess ADs issued by the State of Design and, when deemed necessary, issue corresponding Australian ADs to enforce the requirements set forth by the State of Design (regulation 39.001). This process ensures that Australian aircraft comply with international safety standards and that the State of Registry meets its obligations under Annex 8 of the Convention on International Civil Aviation. The AD issued by CASA must align with the AD issued by the State of Design, in this case, Brazil for Embraer aircraft, ensuring consistency and adherence to international protocols.
Failure to comply with ADs can result in significant legal consequences. While specific offences and penalties are not detailed in the provided text, generally, non-compliance with ADs can lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and other administrative or judicial penalties. Such measures are enforced to ensure that aircraft remain airworthy and to protect the safety of air navigation. The regulatory framework underscores the importance of adhering to ADs to maintain safety standards and avoid legal repercussions.