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 AGÊNCIA NACIONAL DE AVIAÇÃO CIVIL – BRAZIL has issued AD 2006-05-09 affecting Embraer ERJ 190 series aircraft. Brazil is the State of Design for this aircraft series. CASA has assessed this AD and has issued Australian AD/ERJ 190/10, which will become effective on 3 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 governing civil aviation in Australia, with a focus on safety and national security. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One such regulation is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The ADs are intended to ensure the continuing airworthiness of aircraft and are mandated by Australia’s obligations under the Convention on International Civil Aviation. The ADs do not require public consultation or a Regulatory Impact Statement as they are issued in response to directives from the relevant State of Design and align with international obligations. The ADs are considered legislative instruments under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, encompassing various entities, including aircraft operators, pilots, maintenance personnel, and other aviation industry professionals. The Act provides the legal framework for ensuring the safety of air navigation, and its scope extends to all aircraft registered in Australia, as well as to aeronautical products and services provided within the country. The Civil Aviation Safety Regulations 1998, made under the Act, detail the specific requirements for airworthiness and safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments that mandate compliance with safety measures for specific types of aircraft or aeronautical products, and they are issued in response to identified safety issues or international obligations, such as those under the Convention on International Civil Aviation. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are not subject to the usual legislative scrutiny processes due to their specific focus on safety mandates. CASA, as the national airworthiness authority, assesses international ADs and, where necessary, issues corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations in the interest of the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are classified as disallowable instruments, meaning they are subject to parliamentary scrutiny, and as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are primarily on CASA, which acts as Australia's national airworthiness authority. When a State of Design, such as Brazil for the Embraer ERJ 190 series aircraft, issues an AD, CASA must assess this information to determine if a corresponding Australian AD is necessary. If deemed appropriate, CASA issues its own AD, which mandates the requirements specified by the State of Design for aircraft registered in Australia. This process ensures that Australian aircraft maintain their airworthiness standards in accordance with international obligations under the Convention on International Civil Aviation.
Failure to comply with an AD can lead to significant legal consequences. Under section 84A(1) of the Civil Aviation Act 1988, failure to comply with an AD is an offence, and the maximum penalty for an individual is $22,200, while for a body corporate, the penalty can be as high as $222,000. These provisions are designed to enforce strict adherence to airworthiness requirements, thereby maintaining the safety of air navigation. The seriousness of these penalties reflects the critical importance of ensuring that all aircraft meet the required safety standards.