CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 CAA-NL issued AD NL-2004-159 affecting Fokker Model F100 aircraft. Netherlands is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F100/63, Amendment 1, which will become effective on 9 June 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments as defined in the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft in accordance with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design responsibility for ensuring the ongoing airworthiness of an aircraft type. CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing ADs that mandate the requirements set by the relevant State of Design, thereby ensuring compliance with both international standards and Australian regulations.
Scope and Application
The Civil Aviation Act 1988, and the Civil Aviation Regulations 1998, govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a key role in ensuring compliance. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that mandate the continuing airworthiness of aircraft and are issued in response to international obligations under the Convention on International Civil Aviation. The ADs serve to enforce safety standards as determined by the State of Design and must be adopted by the State of Registry, which, in Australia's case, is CASA. The issuance of ADs, such as the AD/F100/63, Amendment 1 for Fokker Model F100 aircraft, does not require public consultation or a Regulatory Impact Statement due to their nature as international safety measures. Instead, they are developed and issued by CASA officials, in compliance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, grants the Governor-General the authority to make regulations for the safety of air navigation. 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. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations of the Act and the regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to appropriate States of Registry. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in its territory. When a State of Design, such as the Netherlands, issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the airworthiness directives can result in significant legal consequences. Under the Civil Aviation Act 1988, there are potential civil and criminal penalties for non-compliance with airworthiness directives. The severity of these penalties can vary depending on the nature and extent of the non-compliance. For example, the maximum penalty for contravening an airworthiness directive can include fines and imprisonment, as specified in the relevant sections of the Act. Additionally, any actions that result in endangering the safety of air navigation can lead to further legal ramifications.
The process for issuing an AD, as outlined in the Civil Aviation Safety Regulations 1998, involves a thorough assessment by CASA. The AD issued by the Netherlands concerning the Fokker Model F100 aircraft is an example of this process. CASA reviewed the AD issued by the Netherlands and subsequently issued Australian AD/F100/63, Amendment 1, which replaced the previous directive and became effective on 9 June 2005. Given that this AD was issued in response to Australia's obligations under the Convention on International Civil Aviation and was based on an AD from the relevant State of Design, no public consultation was required. The Office of Regulatory Review also determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.