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 French DGAC has issued AD UF-2005-140 affecting Dassault Falcon 2000 series aeroplanes. France is the State of Design for this aeroplane type. CASA has assessed this AD and has issued Australian AD/F2000/1, which will become effective on 31 January 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 Australian Parliament, addresses the need for comprehensive regulations to ensure the safety and efficiency of air navigation within Australia. The Act empowers the Governor-General to create regulations in the interest of air navigation safety, with a focus on maintaining and enhancing the standards required for the operation of aircraft. The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that aim to enforce safety measures and ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA's role is to evaluate foreign ADs and, where necessary, issue corresponding Australian ADs to mandate the safety requirements set by the aircraft's State of Design, thereby maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations for the Act's purposes, including the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Legislative Instruments Act 2003. The ADs are issued to comply with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overall responsibility for ensuring the continuing airworthiness of aircraft types. When an AD is issued by a State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements, ensuring the continuing airworthiness of aircraft registered in Australia. This process applies to all aircraft types registered in Australia, regardless of their State of Design, and is conducted without public consultation as it pertains to international obligations and safety standards.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA (Civil Aviation Safety Authority) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument, and therefore, a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties and entities they govern include ensuring the continuing airworthiness of aircraft. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the requirements of an AD can lead to severe consequences. Section 98(1) of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998 impose obligations on aircraft operators to ensure compliance with ADs. Non-compliance can result in severe penalties, including fines and imprisonment. For instance, under the Civil Aviation Act 1988, a person who contravenes a provision of an AD can be fined up to $1,000,000 for a corporation and $200,000 for an individual, or imprisonment for up to five years, or both. Additionally, CASA can take enforcement actions such as grounding aircraft, denying or revoking aircraft certificates, and imposing other administrative penalties.
It is important to note that ADs do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This is because ADs are issued in response to international obligations under the Convention on International Civil Aviation and are necessary for ensuring the safety of air navigation. The ADs are issued by CASA in accordance with subsection 84A(2) of the Act, ensuring that the requirements are met in a timely and effective manner.