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 (NL) CAA has issued AD NL-2006-003 affecting Fokker F28 Mk070 and F28 Mk0100 aircraft. NL is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F100/77, which will become effective on 13 April 2006.
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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. One of the mechanisms established under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Safety Regulations 1998. These ADs are critical for maintaining the continuing airworthiness of aircraft and are mandated by Australia's international obligations under the Convention on International Civil Aviation. The 1988 Act allows the Governor-General to make regulations for the safety of air navigation, and the 1998 Regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products. The objective of these regulations is to ensure that Australian civil aviation standards are aligned with international practices and to address safety concerns as they arise. The ADs are legislative instruments that must be assessed and potentially issued by CASA when a State of Design issues an AD that affects aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory framework is established under section 98 of the Civil Aviation Act 1988, which authorises the Governor-General to enact regulations in the interest of air navigation safety. The ADs are legislative instruments and subject to disallowance under section 46A of the Acts Interpretation Act 1901. These directives are pivotal in ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having overarching responsibility and the State of Registry ensuring compliance on an individual aircraft basis. In this context, CASA, as Australia’s national airworthiness authority, must issue corresponding Australian ADs when necessary, such as the AD/F100/77 issued in response to AD NL-2006-003 from the Netherlands Civil Aviation Authority concerning Fokker F28 aircraft. The ADs are formulated in adherence to international standards and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products under regulation 39.001. These directives are mandated by section 98 of the Civil Aviation Act 1988 to ensure the safety of air navigation. An AD becomes a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is considered a disallowable instrument pursuant to section 46A of the Acts Interpretation Act 1901, as outlined in subregulation 39.001(5).
Under these regulations, the State of Design, which is the country responsible for designing an aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry, which are the countries where the aircraft is registered. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. In cases where the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Given the international nature of aircraft design and registration, the Netherlands Civil Aviation Authority (CAA) has issued AD NL-2006-003 affecting Fokker F28 Mk070 and F28 Mk0100 aircraft. As the Netherlands is the State of Design for this aircraft type, CASA has evaluated this AD and issued Australian AD/F100/77, which will take effect on 13 April 2006. Due to Australia's commitments under the Convention on International Civil Aviation and the directive's origin from the State of Design, no public consultation was necessary for this AD. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act.
For entities and individuals governed by these regulations, the primary obligations include adherence to the requirements outlined in the issued ADs. This means that aircraft owners, operators, and maintenance providers must comply with the specific instructions and modifications mandated by the ADs to ensure the safety and airworthiness of the aircraft. Failure to comply with these directives can result in serious safety hazards, and CASA has the authority to take enforcement actions against non-compliance. Offences or breaches of these regulations can lead to civil or criminal penalties, with the exact penalties depending on the nature and severity of the breach. In some cases, significant penalties can be imposed, including fines and potential imprisonment for serious violations.