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 Netherlands CAA issued various once-only action ADs including AD 94-146, affecting Fokker F28 Mk 0100 aircraft. The Netherlands is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to remove reference to Netherlands AD 94-146 from Table 1. The release of EASA AD No. 2011-0158 (26 August 2011) supersedes Netherlands AD 94-146, thus removing the requirement to comply with AD 94-146 via this Directive. The amended AD, AD/F100/97 Amendment 1, will become effective on
9 September 2011. This AD cancels and replaces the previous issue.
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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing gaps in aviation safety and security. The Act authorises the Governor-General to make regulations for the purposes of the Act, specifically under section 98, to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, serve as a primary means of ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is responsible for assessing international ADs and issuing corresponding Australian ADs where necessary. The issuance of ADs, including those responding to international obligations or industry requests, does not typically require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the framework for the issuance of airworthiness directives (ADs) in Australia under section 98 of the Civil Aviation Act 1988. These ADs apply to aircraft and aeronautical products within Australia, and are issued to ensure the continuing airworthiness of aircraft as mandated by the State of Design and enforced by the Australian national airworthiness authority, CASA. This legislative instrument is applicable to all persons and entities involved in the operation and maintenance of aircraft registered in Australia, and encompasses a broad range of conduct and transactions relating to aviation safety. The ADs have a national reach within Australia, aligning with international standards as set by ICAO, and are not subject to public consultation or Regulatory Impact Statements as determined by the Office of Regulatory Review. ADs can be extended or restricted through subordinate instruments, reflecting the dynamic nature of aviation safety regulations.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs). Section 98 of the Act authorises the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations permits the Civil Aviation Safety Authority (CASA) to issue ADs for specified aircraft or aeronautical products. This regulatory power is further delineated in subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument. This classification underscores the formal and authoritative nature of ADs in ensuring airworthiness.
The obligations imposed by these regulations require CASA to meticulously assess the information provided by the State of Design, which is responsible for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the safety standards for aircraft registered in Australia align with international norms and practices.
Failure to comply with an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence, and the penalties can be severe. For instance, section 89 of the Act allows CASA to issue a penalty notice for minor infringements, while more serious breaches can result in fines of up to $21,000 for individuals and $105,000 for corporations, as stipulated in section 92. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft, which can severely impact the operations of the aircraft owner or operator. These stringent measures underscore the importance of adhering to ADs to maintain the high safety standards expected in civil aviation.