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 2008-0091 affecting Fokker F27 Mk 050, Mk 0502 and F28 Mk 0100 model aircraft. The EASA acts on behalf of The Netherlands, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F50/99 and AD/F100/90, which will become effective on 31 July 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, Systems and New Technologies 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 Parliament of Australia, addresses the overarching safety and regulation of civil aviation within Australia. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation, including the issuance of airworthiness directives which are critical in maintaining the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, which are subsidiary legislation made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, a legislative instrument that serves as a directive to maintain airworthiness. This legislative framework ensures that Australia adheres to international standards as set by the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft, which is managed by both the State of Design and the State of Registry. The introduction of specific airworthiness directives, such as those issued in response to directives from the European Aviation Safety Agency, underscores Australia's commitment to international safety protocols and its role in maintaining the safety and reliability of aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a legislative framework for the regulation of air safety in Australia, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs issued under this regulation are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility for the airworthiness of an aircraft type on the State of Design, with the State of Registry ensuring that each aircraft is maintained in an airworthy condition. CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs in response to those issued by States of Design, such as the recent Australian ADs/F50/99 and AD/F100/90 issued in response to EASA's AD 2008-0091 for Fokker F27 and F28 model aircraft. Given the international nature and obligations under the Convention on International Civil Aviation, these ADs do not require public consultation or a Regulatory Impact Statement. The ADs are made by authorised personnel within CASA in accordance with the legislative provisions of the Act.
Key Provisions
The key provisions of the Civil Aviation Act 1988, particularly section 98, empower the Governor-General to make regulations to enhance 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 certain types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These ADs are integral to ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as The Netherlands for Fokker F27 and F28 models, holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the State of Registry. In this case, CASA, acting as Australia’s national airworthiness authority, evaluates the ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce the required airworthiness standards. This is exemplified by the issuance of Australian AD/F50/99 and AD/F100/90 in response to EASA’s AD 2008-0091.
Given that these ADs are issued in compliance with international obligations and in response to directives from the State of Design, no public consultation or Regulatory Impact Statement is required. The ADs are issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
Entities and parties governed by these provisions must adhere to the airworthiness directives issued by CASA. These ADs mandate specific actions or modifications to ensure the safety and airworthiness of aircraft, which must be followed by all relevant parties, including aircraft operators and maintenance providers. Failure to comply with these directives can result in serious safety risks and potential legal consequences. Although the specifics of the penalties are not detailed in the explanatory statement, non-compliance with ADs generally leads to enforcement actions which can include fines, suspension of airworthiness certificates, or other administrative penalties as stipulated under the Civil Aviation Act 1988 and related regulations.