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 2006-11-02 affecting Embraer ERJ-170 model aircraft. Brazil is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ERJ-170/4, which will become effective on 4 April 2007.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to ensure the safety and efficiency of air navigation within Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation. In line with this mandate, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are crucial for ensuring the continuing airworthiness of aircraft as per international standards set by the International Civil Aviation Organization (ICAO). The State of Design is responsible for providing necessary information to ensure airworthiness, while the State of Registry must implement these requirements. In response to an AD issued by Brazil for the Embraer ERJ-170 model aircraft, CASA has issued Australian AD/ERJ-170/4, which will take effect on 4 April 2007. This action adheres to Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued in Australia. The Act applies to entities and individuals involved in the operation of aircraft and aeronautical products, ensuring that they meet specific safety standards to maintain airworthiness. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring compliance with national and international safety standards. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and must be assessed and potentially implemented by CASA when issued by a State of Design, such as Brazil in the case of the Embraer ERJ-170 model aircraft. The geographic reach of these regulations extends nationally, reflecting Australia's commitment to international civil aviation safety standards under the Convention on International Civil Aviation. Exemptions and exclusions from the application of ADs are not specified in this context, though it is noted that ADs do not require a Regulatory Impact Statement and are issued in accordance with the Act without public consultation when mandated by international agreements.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as referenced in the explanatory statement, pertain to the regulatory framework that allows the Governor-General to issue regulations to ensure the safety of air navigation under section 98. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs, as noted in subregulation 39.001(5), are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act on the parties or entities it governs are multifaceted. The State of Design, which in this case is Brazil for the Embraer ERJ-170 model aircraft, has the responsibility to ensure the continuing airworthiness of the aircraft type and must provide necessary information to the appropriate States of Registry. The State of Registry, in this instance CASA representing Australia, must then develop or adopt requirements to maintain the airworthiness of the aircraft. CASA, upon receiving an AD from the State of Design, is required to assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design.
There are potential consequences for non-compliance with the regulations established by these ADs. While the explanatory statement does not detail specific offences, penalties, or civil/criminal consequences, it is implied that failure to adhere to the ADs could result in safety issues, regulatory action, or legal consequences under the Civil Aviation Act 1988. The maximum penalties for breaches of civil aviation regulations are not specified in the provided text but can typically include fines, imprisonment, or both, depending on the severity and nature of the violation.
Overall, the legislation ensures that airworthiness directives issued by the State of Design are appropriately assessed and enforced by the State of Registry, maintaining the safety standards required under international civil aviation conventions.