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 2009-02-02 affecting ERJ-170 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-170/21, which will become effective on 9 April 2009.
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, Airframes& Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to create regulations, such as those found in the Civil Aviation Safety Regulations 1998, which enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, evaluates ADs issued by the State of Design and, when necessary, issues corresponding Australian ADs to ensure compliance with safety standards. This legislative framework ensures that Australia's aviation safety regulations are consistent with international standards and practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft and are issued under the oversight of the State of Design, with the State of Registry bearing the responsibility for individual aircraft. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, CASA, as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs in response to directives from the State of Design. This ensures that Australian-registered aircraft meet international safety standards. For instance, CASA has issued AD/ERJ-170/21 in response to a Brazilian AD 2009-02-02 concerning the ERJ-170 model aircraft. As this process is governed by international agreements and involves standard regulatory practice, there is no requirement for public consultation or the preparation of a Regulatory Impact Statement. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are issued by authorised personnel within CASA.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Importantly, section 46A of the Acts Interpretation Act 1901 makes ADs disallowable instruments, subject to certain parliamentary procedures.
Under this legislative framework, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design of an aircraft type bears the primary responsibility for its ongoing airworthiness, including providing necessary information to States of Registry. Conversely, the State of Registry, such as CASA in Australia, is responsible for implementing and enforcing airworthiness requirements for individual aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if deemed necessary, issue a corresponding Australian AD to enforce the design state's requirements.
An example of this process can be seen in the case of the Brazilian Civil Aviation Authority (ANAC) issuing AD 2009-02-02 for the ERJ-170 model aircraft. As Brazil is the State of Design for this aircraft type, CASA has assessed the AD and issued Australian AD/ERJ-170/21, effective from 9 April 2009. Given that this AD is a response to international obligations and the AD from the relevant State of Design, CASA did not consult the Australian public on this directive, and the Office of Best Practice Regulation has determined that no Regulatory Impact Statement is required. The AD was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Act 1988 and associated regulations impose specific obligations on CASA and other entities governed by these laws. CASA must rigorously assess and respond to ADs issued by States of Design, ensuring that Australian registered aircraft meet international safety standards. The Act also mandates that ADs issued by CASA must be based on thorough assessments and align with international obligations. Failure to comply with these requirements could result in serious safety risks, undermining the legislative intent to ensure the safety of air navigation.
Any breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal consequences. The maximum penalties for non-compliance with airworthiness directives can be substantial, reflecting the critical nature of aviation safety. Civil penalties may include fines, while more severe breaches could result in criminal charges, potentially leading to imprisonment. Additionally, entities found to be in violation of these regulations may face operational restrictions or revocation of their airworthiness certificates, further emphasising the importance of strict adherence to the legislative requirements.