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-2006-011 affecting Fokker F28 Mark 0070 and 0100 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/82, which will become effective on 23 November 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, enacted by the Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia, including the safety of air navigation. This Act allows the Governor-General to make regulations for the safety of air navigation, which include the issuance of airworthiness directives. In 1998, the Civil Aviation Safety Regulations were made under the Act, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives serve as legislative instruments that mandate safety requirements for aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. The authority to issue such directives is critical in ensuring the continuing airworthiness of aircraft and is exercised in response to directives issued by the State of Design, with CASA implementing corresponding directives for aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are integral to ensuring the continuing airworthiness of aircraft and are typically issued by the State of Design, with the State of Registry subsequently adopting or developing requirements to enforce these directives. In the context of Australian legislation, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to mandate these requirements. For instance, AD NL-2006-011 issued by the Netherlands regarding Fokker F28 Mark 0070 and 0100 aircraft led to the issuance of Australian AD/F100/82 by CASA. The process does not involve public consultation as it is driven by international obligations under the Convention on International Civil Aviation, and it is not subject to a Regulatory Impact Statement. This AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in line with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, therefore, legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This means ADs have legal force and are subject to disallowance by Parliament.
The Act and accompanying regulations place several obligations on the parties involved. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to the appropriate States of Registry. The State of Registry, which in this case is Australia, is required to develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design, such as the Netherlands, issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design. For example, AD NL-2006-011 from the Netherlands concerning Fokker F28 Mark 0070 and 0100 model aircraft has led to CASA issuing Australian AD/F100/82, effective from 23 November 2006.
Failure to comply with ADs can lead to severe consequences. ADs are integral to maintaining the safety standards set by ICAO and are issued by most ICAO Contracting States. Non-compliance with these directives could result in civil or criminal penalties, as well as potential safety hazards. However, specific penalties are not detailed in the provided text, though they typically include fines, imprisonment, or both, depending on the severity of the breach and the jurisdiction. As ADs do not require public consultation and have been deemed not to need a Regulatory Impact Statement by the Office of Regulatory Review, they are implemented with a focus on maintaining air safety standards without undue public process.
The issuing of an AD, such as AD/F100/82, is carried out by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office. This action is in accordance with subsection 84A(2) of the Act, ensuring that the authority to issue such directives is exercised within the legal framework established by the Civil Aviation Act 1988 and its regulations. This systematic approach ensures that any safety concerns identified by the State of Design are appropriately addressed within Australia’s regulatory environment.