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 2008-03-01 affecting Empresa Brasileira de Aeronáutica Embraer ERJ-170 series aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-170/16, which will become effective on 23 April 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 for the regulation of civil aviation and associated activities in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Under section 98 of this Act, the Governor-General is empowered to make regulations for the purposes of the Act, specifically in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made pursuant to the Act, further delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These directives are essential for maintaining the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for an aircraft type's airworthiness on the State of Design and mandates information sharing with States of Registry. The ADs serve as a primary means of disseminating continuing airworthiness information among ICAO Contracting States, including Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. 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. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and, therefore, legislative instruments in accordance with the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, with the State of Design having the primary responsibility for providing necessary information and the State of Registry ensuring compliance with airworthiness requirements. In the case of foreign ADs affecting aircraft registered in Australia, CASA must assess and, if necessary, issue corresponding Australian ADs. This process ensures that Australian aviation standards align with international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft types, as specified in Annex 8 to the Convention on International Civil Aviation. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations primarily rest on CASA, as Australia's national airworthiness authority. When the State of Design, such as Brazil for the Embraer ERJ-170 series aircraft, issues an AD, CASA must assess the information provided and, if appropriate, issue a corresponding Australian AD to enforce the State of Design’s requirements. This ensures that Australian registered aircraft meet international safety standards. CASA’s role is pivotal in maintaining the safety and airworthiness of aircraft operating within Australia, aligning with the obligations under the Convention on International Civil Aviation.
There are specific consequences for non-compliance with ADs issued under this legislation. For instance, any person who contravenes an airworthiness directive, which is a legislative instrument, may face both civil and criminal penalties. Civil penalties can include fines and, in some cases, imprisonment, depending on the severity of the breach. The maximum penalties are prescribed by the relevant aviation regulations and can vary significantly based on the nature and extent of the violation. Ensuring compliance with ADs is therefore critical for maintaining aviation safety standards in Australia.
Given that ADs are issued in response to international obligations and typically do not require public consultation, the process for their issuance is streamlined. The Office of Best Practice Regulation has determined that ADs generally do not necessitate a Regulatory Impact Statement, facilitating quicker responses to safety issues. This efficient process is overseen by CASA, which ensures that the ADs are issued by authorised personnel, such as the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with the provisions of the Act.