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 BLA has issued AD BLA2004-059 affecting Fokker F28 models Mk. 0070 & 0100 aircraft. The Netherlands is the State of Design for Fokker Aircraft types. CASA has assessed this AD and has issued Australian AD/F100/67, Original Issue, 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 - Systems, 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 Australian Parliament, governs the regulation of civil aviation in Australia and seeks to ensure the safety of air navigation. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft types, in line with the Convention on International Civil Aviation. The policy objective is to ensure that Australian aviation standards align with international obligations and maintain high safety standards. The ADs are issued without public consultation, as they are a direct response to directives from the aircraft's State of Design, and are considered not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products, thus ensuring compliance with the overarching Civil Aviation Act 1988. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these directives extends to entities such as aircraft manufacturers, operators, and maintenance providers, aiming to maintain the safety and airworthiness of aircraft. Geographically, the regulations apply within Australia, aligning with Australia's obligations under the Convention on International Civil Aviation. This includes the issuance of Australian ADs in response to directives issued by the aircraft's State of Design. Notably, the process does not involve public consultation due to the international obligations and the nature of the directives. Exemptions or exclusions from these regulations are not specified in the text, and the authority to issue ADs may be extended or restricted through subordinate instruments.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) establish the framework for the issuance of airworthiness directives (ADs). Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated as legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO).
The obligations imposed on parties by these regulations are primarily centred around ensuring the airworthiness of aircraft. The State of Design, such as the Netherlands for Fokker Aircraft types, has the responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case Australia, must then develop or adopt requirements to maintain the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is required to assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs may result in significant legal consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to potential civil or criminal penalties. The maximum penalties for contravening an AD are substantial, reflecting the critical importance of adhering to these safety directives. While the specific penalties are not detailed in the provided text, it is clear that breaches of ADs are taken seriously and can lead to enforcement actions by CASA.