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 Dutch CAA has issued AD NL-2005-011 affecting Fokker F28 Mk 070 and 100 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/72 which will become effective on 27 October 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 Manager, New Technologies and Systems, 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, governs the regulation of civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the purposes of the Act, particularly in relation to the safety of air navigation. The Civil Aviation Safety Regulations 1998 further delegate the authority to the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This legislative framework is designed to ensure that aircraft and aeronautical products remain in a condition safe for operation, aligning with international standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are made in accordance with section 98 of the Civil Aviation Act 1988 and serve to maintain the safety standards of air navigation as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs apply to the continuing airworthiness of aircraft, which is the responsibility of the State of Registry, in this case, CASA for Australia. For example, following the issuance of an AD by the Dutch Civil Aviation Authority (CAA) for Fokker F28 Mk 070 and 100 model aircraft, CASA issued Australian AD/F100/72, effective from 27 October 2005. This process adheres to international obligations and ensures the safety of aircraft registered in Australia. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation are significant. The State of Design holds primary responsibility for ensuring the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing all necessary information to States of Registry to maintain airworthiness. Conversely, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, the State of Registry, in this case CASA as Australia’s national airworthiness authority, must assess the AD and, if appropriate, issue a corresponding Australian AD to enforce the State of Design’s requirements.
In the case of the Dutch Civil Aviation Authority (CAA) issuing AD NL-2005-011 for Fokker F28 Mk 070 and 100 model aircraft, CASA has assessed the directive and issued Australian AD/F100/72, which will become effective on 27 October 2005. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no consultation with the Australian public has taken place. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, made this AD on behalf of CASA in compliance with subsection 84A(2) of the Act.
Breaching the requirements set out in an AD can have serious consequences. The Act imposes both civil and criminal penalties for non-compliance. Civil penalties may include fines and the potential for aircraft to be grounded, thereby affecting operations and potentially leading to financial loss for the operators. Criminal penalties can include imprisonment, reflecting the gravity of compromising air safety. The exact penalties can vary, but they are designed to ensure strict compliance with airworthiness directives to maintain the highest safety standards in aviation.