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 ENAC has issued AD 2008-01-02 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-190/9, which will become effective on 5 June 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, Airframes 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 establish a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. One of the key mechanisms introduced under this Act is the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft. The Civil Aviation Safety Regulations 1998, which were made under section 98 of the Act, further empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901. The policy objective behind these regulations is to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, ensuring that the continuing airworthiness of aircraft is managed effectively by both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are mandated by the continuing airworthiness responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. Specifically, CASA must assess and, where necessary, issue Australian ADs in response to ADs issued by the State of Design, such as the recent AD/ERJ-190/9 issued following the Brazilian ENAC’s AD 2008-01-02 for the Embraer ERJ-190 model aircraft. This directive becomes effective on 5 June 2008, reflecting CASA’s role as Australia’s national airworthiness authority. As these ADs are issued in compliance with international obligations and do not necessitate public consultation, they do not require a Regulatory Impact Statement. The ADs are formulated by CASA’s Manager, Airframes in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to create regulations for the safety of air navigation under section 98. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003. This regulatory framework is based on Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, and requires it to provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft.
The obligations imposed by these regulations require CASA to assess any ADs issued by the State of Design for aircraft types on the Australian Register. If appropriate, CASA must issue an Australian AD to mandate the requirements of the State of Design. For example, the Brazilian National Civil Aviation Agency (ENAC) issued AD 2008-01-02 for the Embraer ERJ-190 model aircraft. As Brazil is the State of Design, CASA assessed this AD and issued Australian AD/ERJ-190/9, effective from 5 June 2008. Due to Australia's obligations under the Convention on International Civil Aviation and the nature of the AD, no public consultation was required, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary.
Entities governed by these provisions must adhere to the ADs issued by CASA, which are based on the requirements of the State of Design and international standards. Failure to comply with an AD can result in serious safety risks, and therefore, entities must ensure that their aircraft meet the mandated requirements. Breaches of these regulations can have severe consequences, including potential enforcement actions by CASA, which may include fines or other penalties. The specific penalties for non-compliance are not detailed in the provided text, but generally, under the Civil Aviation Act 1988, contraventions can lead to substantial fines and, in severe cases, criminal charges.