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 2009-07-02 affecting Embraer ERJ 190 model aircraft. Brazil is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ERJ-190/22, which will become effective on
24 September 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate and ensure the safety of civil aviation in Australia, addressing the need for a comprehensive legal framework that governs the aviation industry. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One significant aspect of this legislation is the delegation of authority to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument, designed to ensure compliance with international standards and the continuing airworthiness of aircraft. CASA's responsibility includes assessing international ADs, such as those issued by the Brazilian National Civil Aviation Agency (ANAC) concerning the Embraer ERJ 190 model aircraft, and issuing corresponding Australian ADs where necessary. This process is in line with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides a legislative framework for ensuring the safety of air navigation, with specific focus on the airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations for safety purposes, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory power extends to mandating compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and requires the State of Registry to enforce these standards domestically. In the case of the Embraer ERJ 190 model aircraft, the Brazilian National Civil Aviation Agency (ANAC) issued AD 2009-07-02, prompting CASA to assess and subsequently issue Australian AD/ERJ-190/22, effective from 24 September 2009. This process underscores the international cooperation necessary to maintain air safety standards, while also highlighting the limited scope for public consultation or regulatory impact assessment in such directives due to their compliance with international obligations.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as mentioned in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore constitute legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This legal framework enables CASA to mandate compliance with safety standards essential for the continued safe operation of aircraft registered in Australia.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily concerned with ensuring the ongoing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must evaluate this information and, when appropriate, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
The Brazilian civil aviation authority (ANAC) has issued AD 2009-07-02 concerning the Embraer ERJ 190 model aircraft, with Brazil being the State of Design. CASA has reviewed this AD and issued Australian AD/ERJ-190/22, which will take effect on 24 September 2009. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no consultation with the Australian public has been necessary. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The issuance of ADs by CASA under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 carries significant implications for non-compliance. Breaches of these directives can result in both civil and criminal consequences. Civil penalties may include fines and other monetary penalties, while criminal penalties can include imprisonment, reflecting the serious nature of non-compliance with aviation safety regulations. The exact penalties depend on the severity of the breach and the specific provisions of the applicable legislation.