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 European Aviation Safety Authority (EASA) has issued AD 2008-0020 affecting Fokker F28 Mk 0070 and Mk 0100 model aircraft. EASA acts on behalf of The Netherlands, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F100/87, which will become effective on 13 March 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation activities in Australia with a primary focus on ensuring safety. This Act allows for the creation of regulations that support its objectives, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments designed to maintain the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Act 1988 was introduced to address the need for comprehensive and enforceable aviation safety regulations within Australia, aligning national practices with international standards as set out in the Convention on International Civil Aviation. The Act aims to ensure that all civil aviation activities within Australia are conducted in a manner that protects the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all aircraft and aeronautical products in Australia, ensuring safety in air navigation as mandated by the Governor-General through the issuance of airworthiness directives (ADs). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for types of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901, aligning with the overarching obligations of Australia under the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of aircraft registered in Australia and must implement ADs issued by the State of Design to maintain safety standards. This legislative framework ensures that Australian aviation authorities adhere to international standards and protocols, particularly in response to directives from other ICAO Contracting States like EASA, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are classified as disallowable instruments and thus considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory structure ensures that ADs are issued with the authority and oversight needed to maintain the safety standards required in aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties involved with aircraft and aeronautical products are substantial. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide any necessary information to ensure the continuing airworthiness of that type to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. For example, when the European Aviation Safety Authority (EASA) issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if appropriate, issue an Australian AD. This ensures that all aircraft registered in Australia comply with the necessary safety standards and regulations.
In terms of enforcement and consequences, breaching the requirements set out in an AD can result in serious legal ramifications. Although the specific offences and penalties are not detailed in the provided excerpt, ADs are legally binding and failure to comply can lead to substantial civil or criminal penalties. Typically, such breaches may be pursued under other sections of the Civil Aviation Act 1988 or related regulations, which can include fines, imprisonment, or both, depending on the severity of the breach and the impact on safety. The issuance of ADs, especially those stemming from international obligations, underscores the importance of adherence to aviation safety standards and the potential consequences of non-compliance.