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 Netherlands CAA has issued AD NL-2005-012 affecting Fokker F28 Mk 0100 and Mk 070 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/53, Amendment 2, which will become effective on 19 January 2006. This AD cancels and replaces the previous issue.
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, Airframes 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, is a pivotal piece of legislation aimed at ensuring the safety of air navigation and the continuing airworthiness of aircraft. This Act grants the Governor-General the authority to make regulations necessary for the safety of air navigation, as evidenced by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of this legislation is to align with international standards and protocols, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as the entity responsible for the continuing airworthiness of aircraft types and mandates the sharing of necessary information with relevant States of Registry. In response to an AD issued by the Netherlands, the State of Design for Fokker F28 aircraft models, CASA issued Australian AD/F100/53, Amendment 2, which reflects Australia's commitment to maintaining the safety and airworthiness of aircraft registered within its territory.
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) to ensure the safety of aircraft and aeronautical products in Australian airspace. These directives are issued in response to safety concerns identified by the State of Design or as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The ADs apply to aircraft registered in Australia and are intended to ensure the continuing airworthiness of those aircraft. Each AD is a legislative instrument and is subject to disallowance as per section 46A of the Acts Interpretation Act 1901. Although ADs do not typically require public consultation or a Regulatory Impact Statement, they are issued in accordance with the legislative authority granted under the Civil Aviation Act 1988. For instance, CASA has issued AD/F100/53, Amendment 2, in response to an AD issued by the Netherlands Civil Aviation Authority for Fokker F28 Mk 0100 and Mk 070 aircraft, reflecting Australia’s commitment to international safety standards.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 relevant to this context are section 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, and subregulation 39.001(5), which stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This means that an AD is a legislative instrument and is subject to disallowance by Parliament. This AD is issued pursuant to section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations for air navigation safety.
The obligations and requirements imposed by the Act and the Regulations primarily concern the continuing airworthiness of aircraft. Under these provisions, the State of Design, in this case the Netherlands, has the overarching responsibility for ensuring the continuing airworthiness of the Fokker F28 aircraft types. The State of Registry, which in this case is Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered in its territory. CASA, as Australia's national airworthiness authority, is required to assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In terms of legal consequences, there are no specified offences, penalties, or civil/criminal consequences for non-compliance with the ADs as outlined in the legislative text. However, failure to comply with an AD may result in the grounding of the affected aircraft until the necessary compliance actions are taken. Non-compliance could also potentially lead to enforcement actions by CASA, which may include administrative penalties or other regulatory measures. The text does not provide explicit details on the maximum penalties for non-compliance, but it is implied that such actions would be taken in the interest of maintaining aviation safety standards.