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 CAA-NL has issued AD NL-2006-007 affecting Fokker F28 Mark 0100 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/80, which will become effective on 31 August 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, 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 was enacted to provide for the safety of civil aviation in Australia and to establish the Civil Aviation Authority of Australia (CASA). This legislation was introduced to address the need for comprehensive regulation and oversight of civil aviation in Australia, ensuring that air travel is safe and efficient. The Civil Aviation Act 1988 grants CASA the authority to make regulations, including airworthiness directives (ADs), to maintain the safety of air navigation. This regulatory power is exercised in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of the Act is to facilitate safe, secure and efficient civil aviation by establishing robust regulatory frameworks and ensuring compliance with international standards. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing ADs, which are crucial for maintaining the continuing airworthiness of aircraft, in line with obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to the issuance of ADs concerning kinds of aircraft or aeronautical products. As outlined in the Legislative Instruments Act 2003, an AD is considered a legislative instrument and is subject to disallowance under the Acts Interpretation Act 1901. The scope of these regulations extends to ensuring compliance with international standards, particularly those set by the Convention on International Civil Aviation, where the State of Design and the State of Registry have respective responsibilities for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by the State of Design and issuing corresponding Australian ADs as necessary. For example, AD NL-2006-007 issued by the Netherlands for Fokker F28 Mark 0100 model aircraft has been assessed by CASA and implemented as Australian AD/F100/80. These directives do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international obligations underpinning them.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to the issuance of airworthiness directives (ADs) are sections 39.001 and 39.001(5). Section 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This authority is exercised to ensure the safety of air navigation, in accordance with section 98 of the Civil Aviation Act 1988. Section 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, as such, constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These regulations impose specific obligations on CASA and other entities involved in civil aviation. CASA, as Australia's national airworthiness authority, must assess any AD issued by a State of Design against a type of aircraft on the Australian Register. If deemed appropriate, CASA is required to issue an Australian AD to mandate the requirements of the State of Design. This process ensures that Australian aircraft meet the necessary safety standards consistent with international obligations under the Convention on International Civil Aviation. The State of Registry of an individual aircraft also has the responsibility of ensuring the aircraft’s continuing airworthiness and must develop or adopt requirements to meet this obligation.
Breaching the requirements set forth in an AD can lead to serious consequences. Non-compliance with an AD can result in significant penalties, both civil and criminal. Under the Civil Aviation Act 1988, an aircraft that is not airworthy due to non-compliance with an AD may be subject to enforcement action. This could include fines and, in severe cases, prosecution leading to imprisonment. The exact penalties can vary depending on the specific circumstances and the severity of the breach, but the overarching intent is to ensure strict adherence to safety regulations to protect the public and maintain the integrity of the aviation system.
In the specific case of AD NL-2006-007, issued by the Netherlands for Fokker F28 Mark 0100 model aircraft, CASA has issued Australian AD/F100/80. This AD became effective on 31 August 2006, and as it is issued in response to an AD raised by the Netherlands, no consultation with the Australian public was required. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.