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 Netherlands CAA has issued AD NL-2005-004 affecting Fokker F100 model aircraft. The Netherlands is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F100/65, which will become effective on 7 July 2005.
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 Parliament of Australia, was introduced to govern civil aviation within Australia and ensure the safety of air navigation. It provides a legislative framework that allows for the creation of regulations and directives to maintain safety standards in the aviation sector. Under section 98 of the Act, the Governor-General is empowered to make regulations, and CASA (Civil Aviation Safety Authority) is authorised to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative process allows CASA to mandate the continuing airworthiness of aircraft, thereby fulfilling Australia’s obligations under international civil aviation agreements such as Annex 8 to the Convention on International Civil Aviation. The ADs are issued to ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia, addressing the need for a coordinated approach to aviation safety across different states and jurisdictions.
Scope and Application
The Civil Aviation Act 1988 applies to the issuance of airworthiness directives (ADs) as regulated under the Civil Aviation Safety Regulations 1998, specifically through regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue such directives for certain types of aircraft or aeronautical products. These ADs serve to ensure the safety of air navigation, and as they are legislative instruments, they are subject to disallowance under the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, has the duty to assess and, if necessary, issue corresponding Australian ADs when a State of Design issues an AD affecting aircraft registered in Australia. In the case of the Fokker F100 model aircraft, CASA issued Australian AD/F100/65 in response to AD NL-2005-004 issued by the Netherlands. This AD was made without public consultation and does not require a Regulatory Impact Statement as determined by the Office of Regulatory Review. The AD was issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, with a specific focus on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. It is important to note that an AD, as per subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
In terms of obligations and requirements, the Act and its regulations impose significant responsibilities on CASA and the States of Design and Registry. The State of Design, such as the Netherlands in the case of the Fokker F100, holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, which in Australia is CASA, is responsible for ensuring the continuing airworthiness of individual aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with international safety standards.
Failure to comply with ADs can lead to serious consequences. While specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, the legislative framework indicates that breaches could potentially result in enforcement actions by CASA. Such actions may include administrative penalties, legal proceedings, or other regulatory measures to ensure compliance with airworthiness standards. Given the critical nature of air safety, strict adherence to ADs is essential to maintain the highest safety standards in air navigation.