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 DAC has issued AD 2001-05-03R3 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-145/4, 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 was enacted to regulate and ensure the safety of air navigation, providing a comprehensive framework for civil aviation in Australia. This legislation empowers the Governor-General to create regulations, such as airworthiness directives, that are essential for maintaining the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 further delineate the processes and requirements for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). In line with international obligations under the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure the ongoing airworthiness of individual aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is mandated to issue corresponding Australian airworthiness directives when required, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended and supplemented by this instrument, apply to all aircraft registered in Australia and to aeronautical products manufactured, maintained, repaired, or altered within Australia. This legislation extends to the operation of such aircraft and aeronautical products both domestically and internationally, ensuring compliance with safety standards as stipulated by the Civil Aviation Act 1988. The application of these regulations is mandated by the overarching responsibility of the State of Design and State of Registry under Annex 8 to the Convention on International Civil Aviation, which requires states to ensure the continuing airworthiness of aircraft. While the Act and its subordinate regulations are comprehensive, they do not cover all aspects of air navigation, and certain exclusions and exemptions may apply, particularly those outlined in other relevant Australian legislation or international agreements. The issuance of airworthiness directives, such as AD/EMB-145/4, reflects Australia's commitment to international safety standards and its role in ensuring the airworthiness of aircraft on the Australian Register.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, as stated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions mandate that the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry to ensure the safety and airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures. This ensures that all aircraft on the Australian Register comply with international standards and safety protocols. For instance, in response to the Brazilian AD 2001-05-03R3 for the Embraer EMB-145 model aircraft, CASA has issued Australian AD/EMB-145/4, which will take effect on 23 June 2008.
Failure to comply with ADs can lead to serious civil and criminal consequences. Under section 95 of the Civil Aviation Act 1988, any person who contravenes an AD may be liable for a civil penalty. The maximum penalty for an individual is $22,200, while for a body corporate, the penalty can be significantly higher, up to $2,220,000. In addition, under section 95A, a person who knowingly contravenes an AD is also subject to criminal penalties. The maximum penalty for an individual is a fine of up to $111,000 or imprisonment for up to two years, or both. For a body corporate, the maximum penalty can be as high as $1,110,000. These penalties underscore the importance of compliance with ADs to ensure the safety of air navigation and the protection of the public.