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 2007-02-03 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-145/7, which will become effective on 31 July 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 being a significant set of these regulations. Specifically, section 98 of the Civil Aviation Act allows the Australian Civil Aviation Safety Authority (CASA) to issue airworthiness directives under regulation 39.001, which are legislative instruments subject to disallowance as per section 46A of the Acts Interpretation Act 1901. These directives are crucial for maintaining the continuing airworthiness of aircraft types and are in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for ensuring airworthiness. CASA, as Australia’s national airworthiness authority, issues Australian airworthiness directives in response to directives from the State of Design, such as the recent AD/EMB-145/7 concerning Embraer EMB-145 model aircraft, reflecting Australia’s commitment to international aviation standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing safety of air navigation. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The State of Design, such as Brazil for the Embraer EMB-145 model aircraft, has the responsibility for ensuring the continuing airworthiness of aircraft types and must issue ADs to address any safety issues. CASA, as Australia's national airworthiness authority, must then assess these international ADs and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This process is mandated by Australia's obligations under the Convention on International Civil Aviation, and therefore, these ADs are issued without public consultation. The Office of Best Practice Regulation has confirmed that such ADs do not require a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Branch at CASA issues these directives on behalf of CASA, in line with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as stipulated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Section 6 of the Legislative Instruments Act 2003 further confirms that ADs are legislative instruments.
Under the Convention on International Civil Aviation, the State of Design holds primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry to support this responsibility. ADs are a common tool used by ICAO Contracting States to communicate continuing airworthiness information. The State of Registry is responsible for the continuing airworthiness of an individual aircraft and must establish or adopt requirements to ensure this. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the case of the Brazilian ANAC’s AD 2007-02-03 affecting Embraer EMB-145 model aircraft, Brazil is the State of Design. CASA has evaluated this AD and issued Australian AD/EMB-145/7, which will take effect on 31 July 2008. As this AD arises from Australia’s obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design, no public consultation has been conducted. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
Breach of the obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. Under section 31 of the Civil Aviation Act 1988, any person who contravenes a regulation made under the Act is liable to a penalty. The maximum penalty for such offences can be substantial, including fines of up to $504,000 for individuals and up to $2,520,000 for bodies corporate, depending on the severity and nature of the breach. Additionally, CASA has the authority to issue infringement notices for minor regulatory breaches, with penalties that can reach up to $6,600. Failure to comply with ADs can also result in severe penalties, including fines, imprisonment, or both, as these directives are legally binding and critical for maintaining airworthiness standards.