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 2006-12-01 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-145/9, 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 comprehensive legal framework for the regulation of civil aviation within Australia, addressing the need for a unified approach to air navigation safety and the management of aircraft airworthiness. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation, with particular emphasis on the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework responds to Australia's international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design's responsibility for the continuing airworthiness of aircraft types and requires the State of Registry to implement necessary measures to maintain these standards. In the case of the Embraer EMB-145 model aircraft, CASA has issued an Australian AD in response to a Brazilian AD, fulfilling these obligations without public consultation, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, specifically under section 98 and regulation 39.001. The Act applies to all aircraft and aeronautical products within Australia, ensuring adherence to safety standards set forth by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments subject to disallowance and are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, issues these directives to ensure compliance with international standards set by the aircraft’s State of Design. The application of these directives is national, with CASA assessing and implementing ADs issued by other contracting states, such as the AD 2006-12-01 from the Brazilian ANAC concerning Embraer EMB-145 aircraft, which CASA has translated into an Australian AD/EMB-145/9. The issuance of such directives does not typically involve public consultation or require a Regulatory Impact Statement, as they are responses to international obligations and assessments.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under this Act and its associated regulations require CASA to assess any ADs issued by the State of Design for aircraft types registered in Australia. If deemed appropriate, CASA must then issue corresponding Australian ADs to ensure compliance with international airworthiness standards. For example, the Brazilian National Civil Aviation Agency (ANAC) issued AD 2006-12-01 for Embraer EMB-145 model aircraft. As Brazil is the State of Design, CASA assessed this AD and subsequently issued Australian AD/EMB-145/9, which took effect on 31 July 2008. This process underscores the responsibility of both the State of Design and the State of Registry in maintaining the airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation.
There are no provisions in this legislation that detail specific obligations for the entities it governs beyond the issuance and compliance with ADs. However, the obligations are implicitly tied to the international conventions and agreements that Australia adheres to, particularly the Convention on International Civil Aviation. This means that entities such as CASA must ensure that aircraft registered in Australia meet the safety standards set by the States of Design and Registry.
While the legislation itself does not outline specific offences or penalties for non-compliance with ADs, failure to adhere to such directives could potentially lead to severe consequences. Non-compliance could result in legal actions for breach of safety regulations, which may include fines or other penalties as prescribed by the Civil Aviation Act 1988 or other relevant legislation. However, the exact nature and extent of these penalties would be determined by the courts based on the specific circumstances of non-compliance.