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 EASA has issued AD 2009-0168 affecting Fokker F28 Mk 070 and Mk 0100 series aeroplanes. The Netherlands is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/F100/95, which will become effective on 24 September 2009.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, 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, addressing the need for comprehensive safety and operational standards in the aviation industry. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the safety and airworthiness of aircraft registered in Australia. ADs are legislative instruments issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and they mandate the necessary safety requirements for specific types of aircraft or aeronautical products. The Civil Aviation Act 1988, as amended, provides the legislative basis for CASA to issue these directives, which are essential for maintaining the safety standards in accordance with the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing information provided by the State of Design and issuing corresponding ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These ADs serve to ensure the continuing airworthiness of aircraft in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly as it pertains to the responsibilities of the State of Design and the State of Registry. Specifically, CASA, as Australia's national airworthiness authority, must assess and, if appropriate, issue Australian ADs to enforce the requirements dictated by the State of Design. For instance, following the issuance of an AD by the European Aviation Safety Agency (EASA) affecting Fokker F28 Mk 070 and Mk 0100 series aeroplanes, CASA has issued Australian AD/F100/95 to mandate the necessary safety requirements. This process does not involve public consultation, and the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The ADs are issued under the authority of the Manager, Future Technology and Regulatory Trends, within CASA's Standards Development and Future Technology Division, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations to ensure the safety of air navigation, as outlined in section 98. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The State of Design, which is the country responsible for designing the aircraft, has an overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate State of Registry. ADs are a common form of continuing airworthiness information issued by most International Civil Aviation Organization (ICAO) Contracting States. In Australia, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
In this particular case, the European Aviation Safety Agency (EASA) has issued AD 2009-0168 affecting Fokker F28 Mk 070 and Mk 0100 series aeroplanes, with the Netherlands being the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/F100/95, which will become effective on 24 September 2009. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation, and 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The ADs impose obligations on aircraft operators and manufacturers to comply with the directives and implement the required changes or maintenance actions to ensure the airworthiness of the affected aircraft. Failure to comply with an AD can result in the aircraft being grounded or denied entry into Australian airspace. In terms of penalties, section 152 of the Civil Aviation Act 1988 provides for civil penalties of up to $16,500 per occurrence for non-compliance with ADs. Additionally, under section 283 of the Act, criminal penalties may apply for serious non-compliance, including fines of up to $270,000 for individuals and $1.35 million for corporations, as well as imprisonment for up to five years.